Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Date of Decision: September 29, 2023
Panel: 1 - Urban
File No(s).: D08-02-23/A-00205
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): 2590611 Ontario Inc.
Property Address: 240 Blackburn Avenue
Ward: 12 - Rideau-Vanier
Legal Description: Lot 43, Registered Plan 33878
Zoning: R4UA[480]
Zoning By-law: 2008-250
Hearing Date: September 20, 2023, in person and by videoconference
APPLICANT(S)’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to convert the existing semi-detached dwelling to a six-unit low rise apartment building, as shown on the plans filed with the Committee. The existing garage will be demolished.
REQUESTED VARIANCES
2The Owner/Applicant requires the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit reduced interior side yard setbacks of 0.58 metres and 0.48 metres, whereas the By-law requires a minimum side yard setback of 1.5 metres.
b) To permit a reduced front yard setback of 2.12 metres, whereas the By-law requires a minimum front yard setback of 3.81 metres.
c) To permit a reduced rear yard setback of 8.1 metres, whereas the By-law requires a minimum rear yard setback equal to 30% of the lot depth, or 9.16 metres.
PUBLIC HEARING
Oral Submissions Summary
3Chris Jalkotzy, Agent for the Applicant, responded to questions from the Committee and highlighted the scope of the proposed work that included removing the existing garage door from the building façade, converting existing interlock areas to soft landscaping to improve water absorption and drainage, and adding a bay window. He also explained that the requested variances would regularize existing conditions and are necessary due to the proposed change in use on the property.
4Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application(s) Must Satisfy Statutory Four-Part Test:
5The Committee has the power to authorize a minor variance from the provisions of the Zoning By-law if, in its opinion, the application meets all four requirements under subsection 45(1) of the Planning Act. It requires consideration of whether the variance is minor, is desirable for the appropriate development or use of the land, building or structure, and whether the general intent and purpose of the Official Plan and the Zoning By-law are maintained.
Evidence
6Evidence considered by the Committee included any oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
Application and supporting documents, including a cover letter, plans, a parcel register, a tree information report, a photo of the posted sign, and a sign posting declaration.
City Planning Report received September 14, 2023, with no concerns.
Rideau Valley Conservation Authority email dated September 14, 2023, with no objections.
Hydro Ottawa email dated September 20, 2023, with comments.
J. Sabin, Co-Chair, Action Sandy Hill, email dated September 19, 2023, objecting.
K. Spencer-Ross & D. Ross, neighbours, email dated September 19, 2023, with concerns.
N. Girard, neighbour, email dated September 19, 2023, with concerns.
Effect of Submissions on Decision
7The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
8Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
9The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that “the requested minor variances are regularizing existing conditions.”
10The Committee also notes that no compelling evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
11Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variances are, from a planning and public interest point of view, desirable for the appropriate development or use of the land, building or structure on the property, and relative to the neighbouring lands.
12The Committee also finds that the requested variances maintain the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.
13In addition, the Committee finds that the requested variances maintain the general intent and purpose of the Zoning By-law because the proposal represents orderly development on the property that is compatible with the surrounding area.
14Moreover, the Committee finds that the requested variances, both individually and cumulatively, are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
15THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances, subject to the location and size of the proposed construction being in accordance plans filed, Committee of Adjustment date stamped August 22, 2023, as they relate to the requested variances.
“Ann M. Tremblay” ANN M. TREMBLAY CHAIR
Absent JOHN BLATHERWICK MEMBER
“Simon Coakeley” SIMON COAKELEY MEMBER
Declared Interest ARTO KEKLIKIAN MEMBER
“Sharon Lécuyer” SHARON LÉCUYER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated September 29, 2023
“Michel Bellemare” MICHEL BELLEMARE SECRETARY-TREASURER
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form along with payment must be received by the Secretary-Treasurer of the Committee of Adjustment by October 19, 2023, delivered by email at cofa@ottawa.ca and/or by mail or courier to the following address:
Secretary-Treasurer, Committee of Adjustment,
101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7
The Appeal Form is available on the OLT website at https://olt.gov.on.ca/. The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application. Payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the Appeal Form if you wish to pay by credit card. If you have any questions about the appeal process, please contact the Committee of Adjustment office by calling 613-580-2436 or by email at cofa@ottawa.ca.
Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.
There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.
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