Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Panel: 3 - Rural
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): Sal Piamonte
Property Address: 2857 Birchgrove Road
Ward: 19 – Orléans South-Navan
Legal Description: Part of lot 6, Concession 1, Geographic Township of Cumberland
Zoning: RU
Zoning By-law: 2008-250
Hearing Date: July 4, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to build an accessory structure (agricultural storage building) within a floodplain, as shown on the plans filed with the Committee.
2At the scheduled hearing on June 6, 2023, the Committee adjourned the application to allow the Owner time to revise their application to include an existing grain silo.
REQUESTED VARIANCE
3The Owner requires the Committee’s authorization for a minor variance from the Zoning By-law to permit an accessory structure with a gross floor area of 442 square metres and a 93 square metre grain silo to be constructed in a floodplain, whereas the By-law prohibits accessory structures greater than 50 square metres in gross floor area within the floodplain.
PUBLIC HEARING
Oral Submissions Summary
4Jacob Bolduc, Agent for the Applicant, provided a brief slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request. He noted that the lot coverage of the new accessory structure would not be significant and explained, with reference to photographs, that it would be used for drying and winter storage for an agroforestry use (willow tree farm). He explained that soil within the floodplain is ideal for willow tree growth, and highlighted that the Rideau Valley Conservation Authority raised no objection to the application.
5The Committee also heard from Sal Piamonte, Owner of the property, who provided more detail about willow tree farm operations, highlighting their storage requirements and various uses, including soil remediation and erosion treatment.
6City Planner Luke Teeft summarized the concerns outlined in his Planning Report.
DECISION AND REASONS OF THE COMMITTEE:
APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
7The 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
8Evidence 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 planning rationale, plans, a photo of the posted sign, and a sign posting declaration.
City Planning Report received June 28, 2023, with concerns; received June 2, 2023, with concerns
Rideau Valley Conservation Authority email dated June 30, 2023, with no objections; dated June 2, 2023, with no objections
Hydro Ottawa email dated June 27, 2023, with no comments; dated May 31, 2023, with no comments
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
10Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
11The Committee notes that the City’s Planning Report raises “concerns” regarding the application, highlighting that, “the concern with [the size of the accessory structure] is due to the large amount of rooftop runoff and potential interference with floodwater flow at ground level”. However, the Report also indicates that “staff will defer to the Conservation Authority for guidance on this issue,” and the Committee notes that an email received from the Rideau Valley Conservation Authority raises no objections to the application.
12The Committee also notes that no evidence was presented that the requested variance would result in any unacceptable adverse impact on neighbouring properties.
13Considering 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.
14The Committee also finds that the requested variance maintains the general intent and purpose of the Official Plan, because the proposal is compatible with the existing rural and agricultural character of the area and contributes to a diversity of uses that support the community.
15In 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 on the property that is compatible with the surrounding area.
16Moreover, the Committee finds that the requested variance is minor because it will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
17THE 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 April 28, 2023, as they relate to the requested variance.
“William Hunter” WILLIAM HUNTER VICE-CHAIR
“Terence Otto” TERENCE OTTO MEMBER
Absent BETH HENDERSON MEMBER
“Martin Vervoort” MARTIN VERVOORT MEMBER
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 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, 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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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