Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
Date of Decision
September 15, 2023
Panel:
1 - Urban
D08-01-23/B-00185 & D08-01-23/B-00186
Application:
Consent under Section 53 of the Planning Act
Owner(s)/Applicant(s):
Victoria Homes Construction Limited
Property Address:
152 Columbus Avenue
Ward:
13 – Rideau-Rockcliffe
Legal Description:
Lot 129, Plan 441
Zoning:
R3M
Zoning By-law:
2008-250
Hearing Date:
September 6, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Owner wants to subdivide their property into two separate parcels of land for the construction of a semi-detached dwelling. The existing dwelling is to be demolished.
CONSENT IS REQUIRED FOR THE FOLLOWING
2The Owner requires the Committee’s consent to sever the land. The property is shown as Parts 1 and 2 on a Draft 4R-Plan filed with the applications and the separate parcels will be as follows:
File No.
Frontage
Depth
Area
Part No.
Municipal Address
B-00185
7.62 m
31.73 m
241.8 sq. m
1
152 A Columbus Ave
B-00186
7.62 m
31.72 m
241.7 sq. m
2
152 B Columbus Ave
PUBLIC HEARING
Oral Submissions Summary
3Rosaline Hill, agent for the Applicant, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee. Ms. Hill confirmed that the frontage for the parcel to be known municipally as 152 B Columbus should read 7.62 metres, and indicated that her client had no concerns with the City’s requested conditions of provisional consent.
4City Planner Margot Linker stated that she had no concerns with the applications.
5Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE:
APPLICATIONS GRANTED
Applications Must Satisfy Statutory Tests
6Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Policy Statement and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):
Criteria
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
(a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
(b) whether the proposed subdivision is premature or in the public interest;
(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
(d) the suitability of the land for the purposes for which it is to be subdivided;
(d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
(e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
(f) the dimensions and shapes of the proposed lots;
(g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
(h) conservation of natural resources and flood control;
(i) the adequacy of utilities and municipal services;
(j) the adequacy of school sites;
(k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
(l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of
the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2);
2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
Evidence
7Evidence considered by the Committee included all 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, and a sign posting declaration.
City Planning Report received August 31, 2023, with no concerns.
Revised City Planning Report received September 1, 2023, with no concerns.
Building Code Services email received August 31, 2023, with comments.
Rideau Valley Conservation Authority email dated August 31, 2023, with no objections.
Hydro Ottawa email dated September 1, 2023, with comments.
Ottawa International Airport Authority email dated August 22, 202