Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Panel: 1 - Urban
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): Gaelan Kells & Jennifer Campbell
Property Address: 258 St-Denis Street
Ward: 12 – Rideau-Vanier
Legal Description: Part of Lots 531 & 532, Reg. Plan No. 246
Zoning: R4UA
Zoning By-law: 2008-250
Hearing Date: July 19, 2023
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owners want to construct a three-storey, 8-unit, low-rise apartment building, as shown on the plans filed with the Committee.
REQUESTED VARIANCE
2The Owners/ Applicants require the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced lot area of 352.9 metres, whereas the By-law requires a minimum lot area of 360 metres.
PUBLIC HEARING
Oral Submissions Summary
3Alison Clarke, Agent for the Applicants, was in attendance.
4City Planner Basma Alkhatib was also present and confirmed that she had no concerns with the application, and that the requested variance complies Official Plan policies regarding lot area reductions for apartment buildings.
5Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
6The 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
7Evidence 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, tree information, photo of the posted sign and a sign posting declaration.
City Planning Report received July 14, 2023, with no concerns.
Rideau Valley Conservation Authority email dated July 13, 2023, with no objections.
Hydro Ottawa email dated July 13, 2023, with no concerns.
Ministry of Transportation email dated July 6, 2023, with no comments.
Effect of Submissions on Decision
8The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
9Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlight that it is “consistent with the intensification objectives and policies of the Official Plan by adding more units to the local housing stock and maintaining a consistent street edge which aligns with the existing neighbouring buildings and provides an urban pattern of development.”
11The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
12Considering the circumstances, the Committee finds that, because the proposal fits well in the neighbourhood, 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.
13The Committee also finds that the requested variance maintains the general intent and purpose of the Official Plan because the proposal respects the character of the area and will provide additional housing.
14In 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 neighbourhood.
15Moreover, 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.
16THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances, subject to the location and size of the proposed construction being in accordance with the revised site plan filed, Committee of Adjustment date stamped July 12, 2023, as they relate to the requested variance.
“Ann M. Tremblay” ANN M. TREMBLAY CHAIR
“John Blatherwick” JOHN BLATHERWICK MEMBER
“Simon Coakeley” SIMON COAKELEY MEMBER
“Arto Keklikian” ARTO KEKLIKIAN MEMBER
“Sharon Lécuyer” SHARON LÉCUYER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated July 28, 2023.
“Cheryl Williams” CHERYL WILLIAMS Acting 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 17, 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