Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
September 15, 2023
Panel:
2 - Suburban
D08-02-23/A-00177 –and D08-02-23/A-00178
Application:
Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s):
Michel Akl
Property Address:
2175 Alta Vista
Ward:
18 – Alta Vista
Legal Description:
Part of Lot 18, Concession JG, Geographic Township of Gloucester
Zoning:
R1GG
Zoning By-law:
2008-250
Hearing Date:
September 5, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to subdivide their property into two separate parcels of land to construct two detached dwellings. The existing dwelling will be demolished.
REQUESTED VARIANCES
2The Owner/Applicant requires the Committee’s authorization for minor variances from the Zoning By-law as follows:
A-00177: 253 Cunningham, Part 1 on draft 4R plan
a) To permit the dwelling on the severed corner lot to front the same street as the created interior lot, whereas the By-law requires each dwelling to front different streets.
A-00178: 257 Cunningham, Part 2 on draft 4R plan
b) To permit a reduced rear yard setback of 2.18 metres (8% of the lot depth), whereas the By-law requires a rear yard setback of 7.37 metres (28% of the lot depth).
c) To permit a reduced rear yard area of 10.3% of the lot area (43.96 square metres) whereas the By-law requires the rear yard area to be 25% of the total lot area (115.9 square metres).
PUBLIC HEARING
Oral Submissions Summary
3Chris Jalkotzy, Agent for the Applicant, and City Planner Justin Grift were present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED
Application(s) Must Satisfy Statutory Four-Part Test
4The 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
5Evidence 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 cover letter, a parcel register, revised plans, revised TIR, a sign posting declaration.
City Planning Report received August 31, 2023, with no concerns.
Building Code Services email dated August 31, 2023, with comments.
Rideau Valley Conservation Authority email dated September 1, 2023, with no objections.
Hydro Ottawa email dated September 1, 2023, with no objections.
Ottawa International Airport Authority email dated August 23, 2023, with no objections.
Effect of Submissions on Decision
6The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.
7Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
8The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, highlighting that “having the lots front onto Cunningham is preferred, as Alta Vista is a Major Collector Road with greater traffic,” and that, “the placement of the dwelling still provides sufficient rear yard that is setback as far as 10.5 metres from the further rear corner of the lot.”
9The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
10Considering the circumstances, the Committee finds that, because the proposal fits well in the neighbourhood, 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.
11The 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 area.
12In 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.
13Moreover, the Committee finds that the requested variances, both individually and cumulatively, are minor because they will not create any unacceptable adverse
14THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances, subject to the location and size of the proposed construction being in accordance with the site plan filed, Committee of Adjustment date stamped August 31, 2023, and the elevations filed, Committee of Adjustment date stamped July 20, 2023, as they relate to the requested variances.
“Fabian Poulin” FABIAN POULIN VICE-CHAIR
Absent JAY BALTZ MEMBER
“George Barrett” GEORGE BARRETT MEMBER
“Heather MacLean” HEATHER MACLEAN MEMBER
“Julianne Wright” JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated September 15, 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 5, 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.
Ce document est également offert en français.
Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436