Committee of Adjustment

Comité de dérogation

Date of Decision: August 25, 2023

Panel: 3 - Rural

File No(s).: D08-02-23/A-00161

Application: Minor Variance under section 45 of the Planning Act

Owner(s)/Applicant(s): Kimberley Hazen and Scott Dopking

Property Address: 119 McConnell Lane

Ward: 5 – West Carleton-March

Legal Description: Lot 68, Registered Plan 417

Zoning: V1H [350r]

Zoning By-law: 2008-250

Hearing Date: August 15, 2023, in person and by videoconference

1The Owners want to construct an accessory structure (detached garage) at the front of the existing detached dwelling, as shown on the plans filed with the Committee.

REQUESTED VARIANCES

2The Owners require the Committee’s authorization for minor variances from the Zoning By-law as follows:

a) To permit an increased building height for an accessory structure of 5.28 metres, whereas the By-law permits a maximum building height for an accessory structure of 4.5 metres.

b) To permit a reduced front yard setback of 5.54 metres, whereas the By- law requires a minimum front yard setback of 9 metres.

PUBLIC HEARING

Oral Submissions Summary

3Kimberley Hazen, Agent for the Applicants, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request. Ms. Hazen provided an overview of the application and responded to questions from the Committee.

4City Planner Luke Teeft was also present and confirmed that he had no concerns with the application

DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED

Application 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 photo of the posted sign, and a sign posting declaration.
City Planning Report received August 10, 2023, with no concerns.
Mississippi Valley Conservation Authority email dated August 8, 2023, with no concerns.
Hydro Ottawa email dated August 15, 2023, with no comments.
Ministry of Transportation email dated August 10, 2023, with no comments.
L. Dee, resident, email dated August 10, 2023, with concerns.
L. Dunkley, resident, email dated August 14, 2023, with concerns.
L. Dupuis, resident, email dated August 14, 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 structure is slightly taller than the permitted 4.5 metres but does not overshadow the house due to the dwelling being located uphill.”

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 Village.

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 with the plans filed, Committee of Adjustment date stamped June 6, 2023.

Absent WILLIAM HUNTER VICE-CHAIR

“Terence Otto” TERENCE OTTO MEMBER

“Beth Henderson” BETH HENDERSON MEMBER

“Martin Vervoort” MARTIN VERVOORT ACTING PANEL CHAIR

Absent JOCELYN CHANDLER MEMBER

I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated August 25, 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 September 14, 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

Kimberley Hazen and Scott Dopking, 2023 CanLII 152619

Case Summary