Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
June 30, 2023
Panel:
2 - Suburban
D08-02-23/A-00120
Application:
Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s):
1545A Merivale Inc.
Property Address:
1545A Merivale Road
Ward:
9 – Knoxdale-Merivale
Legal Description:
Part of Lot 16, Registered Plan 353 and Part of Lot 34, Concession A (Rideau Front) Geographic Township of Nepean
Zoning:
AM10
Zoning By-law:
2008-250
Hearing Date:
June 20, 2023, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to construct a one-storey commercial medical imaging facility. The existing building will be demolished.
REQUESTED VARIANCE(S)
2The Owner requires the Committee’s authorization for a Minor Variance from the Zoning By-law to permit 0% of the frontage along the front lot line to be occupied by building walls located within 3.0 metres of the frontage for a non-residential building, whereas the By-law requires at least 50 % of the frontage along the front lot line and corner side lot line to be occupied by building walls located within 3.0 metres of the frontage for Non-residential and mixed-use buildings.
3The property is the subject of a Site Plan Control application (File No. D07-12-22- 0190) under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Pamela Whyte, Agent for the Owner, and City Planner Samantha Gatchene were present.
DECISION AND REASONS OF THE COMMITTEE:
APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
5The 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
6Evidence 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 planning rationale, 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
Effect of Submissions on Decision
7The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
8Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
9The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that “it would be impossible for the proposed building to front along Merivale Road given the current lot shape”, and also highlighting that, “the variance is minor as it will not negatively affect the streetscape or the ability of the abutting properties to redevelop in the future.”
10The Committee also notes that no evidence was presented that the requested variance would result in any unacceptable adverse impact on neighbouring properties.
11Considering 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.
12The 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 not preclude the abutting properties from redeveloping in the future with buildings sited close to the street edge.
13In 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.
14Moreover, 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.
15THE 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 May 24, 2023, as they relate to the requested variance.
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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