Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
June 30, 2023
Panel:
2 - Suburban
D08-02-23/A-00114, D08-02-23/A-00115
Application:
Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s):
2501308 Ontario Inc. (under Agreement of Purchase and Sale)
Property Address:
45 Inverness Avenue
Ward:
9 – Knoxdale-Merivale
Legal Description:
Part of Lot 207, Registered Plan 289002
Zoning:
R1FF
Zoning By-law:
2008-250
Hearing Date:
June 20, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant wants to subdivide its property into two separate parcels of land to create two new lots. It is proposed to retain the existing detached dwelling and construct a new detached dwelling on the other parcel.
REQUESTED VARIANCE(S)
2The Applicant requires the Committee’s authorization for Minor Variances from the Zoning By-law as follows:
A-00114: 45A Inverness Ave, Part 1 on 4R-Plan, existing detached dwelling
a) To permit a reduced lot area of 547.50 square metres, whereas the By-law requires a minimum lot area of 600 square metres.
b) To permit a reduced lot width of 17.55 metres, whereas the By-law requires a minimum lot width of 19.5 metres.
A-00115: 45 Inverness Ave, Part 2 & 3 on 4R-Plan, proposed detached dwelling:
c) To permit a reduced lot area of 502.40 square metres, whereas the By-law requires a minimum lot area of 600 square metres.
d) To permit a reduced lot width of 16.82 metres, whereas the By-law requires a minimum lot width of 19.5 metres.
PUBLIC HEARING
Oral Submissions Summary
3Anthony Bruni, Agent for the Applicant, highlighted efforts to consult with the General Burns Community Association regarding their concerns about construction and the state of the infrastructure in the area. He confirmed that the Applicant would endeavor to avoid disrupting the right-of-way and will consult with the community association should any additional concerns arise.
4City Planner Samantha Gatchene responded to the Committee’s questions, highlighting that the City’s Engineering Services reviewed the application and servicing for the neighbourhood and there are no concerns with the proposal, and that a site servicing condition is not necessary.
5City Planner Siobhan Kelly was also present.
6Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE:
APPLICATIONS GRANTED
Applications 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:
Applications and supporting documents, including cover letter, plans, tree information, photo of the posted sign, and a sign posting declaration.
City Planning Report received June 15, 2023, with no concerns
Rideau Valley Conservation Authority email dated June 15, 2023, with no objections
Hydro Ottawa email dated June 13, 2023, with no comments
Airport Authority email dated June 6, 2023, with comments, notice already registered on title
General Burns Community Association email dated June 19, 2023, with comments
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.
10Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
11The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, highlighting that “[v]ariances to permit reduced lot widths and areas are indeed minor in nature and would still provide for an appropriate detached dwelling on each lot.”
12The Committee also notes that no compelling evidence was presented that the requested variances 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 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.
14The Committee also finds that the requested variances maintain the general intent and purpose of the Official Plan because the proposal represents mild intensification that respects the character of the neighbourhood.
15In 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 that is compatible with the surrounding area.
16Moreover, the Committee finds that the requested variances are minor because they will not create any unacceptable adverse impact on abutting properties or
the neighbourhood in general.
17THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances.
Absent FABIAN POULIN VICE-CHAIR
“Jay Baltz” JAY BALTZ ACTING PANEL CHAIR
“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 June 30, 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 July 20, 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
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