Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Panel:
July 14, 2023
2 - Suburban
D08-02-23/A-00119
Minor Variance under section 45 of the Planning Act
Kenneth and Kathy Ferguson 1970 Ruth Street
18 – Alta Vista
Lot 690, Registered Plan 643 R1O
2008-250
July 4, 2023, in person and by videoconference
Application:
Owner(s)/Applicant(s):
Property Address:
Ward:
Legal Description:
Zoning:
Zoning By-law:
Hearing Date:
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owners want to build a new detached garage at the rear and an attached carport on the east side of their existing dwelling. The existing garage will be demolished.
REQUESTED VARIANCES
2The Owners require the Committee’s authorization for Minor Variances from the Zoning By-law as follows:
a) To permit a reduced interior side yard setback of 0.7 metres for a detached
garage, whereas the By-law requires a minimum interior side yard setback of
1.2 metres.
b) To permit a reduced interior side yard setback of 0.45 metres for an attached carport, whereas the By-law requires a minimum interior side yard setback of
1.2 metres.
PUBLIC HEARING
Oral Submissions Summary
3Chris Szymanowicz, Agent for the Applicant and City Planner Justin Grift were present.
DECISION AND REASONS OF THE COMMITTEE:
APPLICATION GRANTED
Application 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 a cover letter, tree information, letter authorizing the agent, plans, photo of the posted sign and sign posting declaration.
City Planning Report received June 29, 2023, with no concerns.
Rideau Valley Conservation Authority email dated June 30, 2023, with no objections.
Hydro Ottawa email dated June 20, 2023, with comments.
Effect of Submissions on Decision
6The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
7Based on the evidence, the Committee is satisfied that the requested variance meets 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 application, highlighting that variance (a) is not required as the accessory structure meets the required setback of 0.6 metres. The Committee therefore considers variance (a) as withdrawn. The report also highlights that the proposal will not create excess drainage onto the neighbourhing properties.
9The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
10Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variance is, 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 variance maintains the general intent and purpose of the Official Plan, because the proposal maintains the character of the neighbourhood.
12In addition, the Committee finds that the requested variance maintains the general intent and purpose of the Zoning By-law because the proposal represents orderly development that is compatible with the surrounding area.
13Moreover, the Committee finds that the requested variance, is minor because it will not create any unacceptable adverse impacts on abutting properties or
the neighbourhood in general.
14THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variance, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped May 17, 2023, as they relate to the requested variance.
“Fabian Poulin” FABIAN POULIN VICE-CHAIR
“Jay Baltz” 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 July 14, 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 August 3, 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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