Committee of Adjustment / Comité de dérogation

DECISION

MINOR VARIANCE / PERMISSION

Date of Decision: July 28, 2023

Panel: 1 - Urban

File No.: D08-02-23/A-00147

Application: Minor Variance under section 45 of the Planning Act

Owners/Applicants: Penelope Simons & Hilary Patton

Property Address: 176 Holmwood Avenue

Ward: 17 - Capital

Legal Description: Part of Lot 18, South Holmwood Avenue, Registered Plan 78373

Zoning: R3L [1474]

Zoning By-law: 2008-250

Hearing Date: July 19, 2023 in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION

1The Owners want to demolish and rebuild an accessory structure (detached garage) at the rear of the existing dwelling, as shown on the plans filled with Committee.

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 0.4 metres for an accessory structure, whereas the By-law requires a minimum interior side yard setback for an accessory building of 0.6 metres.

b) To permit a reduced distance between the principal building and the proposed accessory structure (detached garage) of 0.2 metres, whereas the By-laws requires a minimum distance from a principal building to any other building located on the same lot of 1.2 metres.

PUBLIC HEARING

3Jessica D’Aoust, Agent for the Applicant, and City Planer Margot Linker were present. Ms. Linker confirmed that the Planning Department has no concerns.

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 cover letter, plans, tree information, photo of the posted sign, and a sign posting declaration.
• City Planning Report received July 13, 2023, with no concerns as there will be adequate access to all areas of the site, and no stormwater runoff on adjacent properties is expected.
• Rideau Valley/South Nation/Mississippi Valley Conservation Authority email received dated July 11, 2023, with no objections.
• Hydro Ottawa email received dated July 13, 2023, with no concerns.

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. The evidence revealed that there will be adequate access to all areas of the site, and no stormwater runoff on adjacent properties is expected.

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 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.

11The 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 neighbourhood.

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 and Committee of Adjustment date-stamped June 15, 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 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 29, 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