Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
July 14, 2023
Panel:
1 - Urban
D08-02-23/A-00123
Application:
Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s):
Vinay and Dhaneshwar Neermul
Property Address:
57 Muriel Street
Ward:
17 - Capital
Legal Description:
Part of Lot 6 (East Muriel Street, Plan 33446
Zoning:
R3P [1474]
Zoning By-law:
2008-250
Hearing Date:
July 5, 2023, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owners want to construct a long semi-detached dwelling with a rooftop terrace. The existing dwelling and detached garage are to be demolished.
REQUESTED VARIANCES
2The Owners/Applicants require the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit a reduced lot width of 9.32 metres, whereas the By-law requires a minimum lot width of 10 metres.
b) To permit a reduced lot area of 294.29 square metres, whereas the By-law requires a minimum lot area of 300 square metres.
c) To permit the front porch to project to 0.23 metres of the front lot line, whereas the By-law does not permit a porch to project closer than 1 metre to a lot line.
d) To permit the steps from the front porch to project to 0 metres of the front lot line, whereas the By-law does not permit steps to project closer than 0.6 metres to a lot line.
PUBLIC HEARING
3Vinay Neermul, one of the Owners of the property, and City Planner Margot Linker 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 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, streetscape character information, tree information, a photo of the posted sign, and a 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 28, 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 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 application, highlighting that: “this type of design is a common characteristic as there are many buildings with covered front porches that project into the small front yard. The applicant has also confirmed that front yard soft landscaping requirements have been met.”
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 integrates well with the streetscape, 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 aligns with 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 neighbourhood.
13Moreover, 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.
14THE 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 May 18, 2023, as they relate to the requested variances.
“Ann M. Tremblay” ANN M. TREMBLAY CHAIR
“John Blatherwick” JOHN BLATHERWICK MEMBER
“Simon Coakeley” SIMON COAKELEY MEMBER
“Arto Keklikian”
ARTO KEKLIKIA MEMBER
Absent
SHARON LECUYER 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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