Committee of Adjustment / Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Date of Decision: October 11, 2024
Panel: 1 - Urban
File No.: D08-02-24/A-00209
Application: Minor Variance under section 45 of the Planning Act
Applicants: Jennifer Tuthill and Charles Ng
Property Address: 497 Roosevelt Avenue
Ward: Ward 15- Kitchissippi
Legal Description: Part of Lot 18 (East of Roosevelt Ave), Registered Plan 235
Zoning: R4UA (2686) H(8.5)
Zoning By-law: 2008-250
Heard: October 2, 2024, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to construct a new two-storey, detached dwelling with attached garage, as shown on plans filed with the Committee. The existing dwelling will be demolished.
REQUESTED VARIANCES
2The Applicants 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 1.2 metres, whereas the By-law requires a minimum interior side yard setback of 1.5 metres.
b) To permit an interior additional rear yard up to a maximum of 30% (6.56 metres) of lot depth (6.11 metres) of the subject property, whereas the By-law requires 30% of the lot depth (12.76 metres) of the adjacent property.
PUBLIC HEARING
3The Panel Chair administered an oath to Jennifer Murray, Agent for the Applicants, who confirmed that the statutory notice posting requirements were satisfied.
Oral Submissions Summary
4Ms. Murray responded to questions from the Panel Chair and agreed that the wording of variance (b) should be amended as follows:
b) To permit an interior additional rear yard area of 30% (6.56 metres) of lot width by 30% of lot depth, whereas the By-law requires 30% of lot width by 30% (12.76 metres) of the depth of the adjacent property.
5The Committee also heard oral submissions from the following individuals:
- T. Gray, Westboro Community Association, highlighted that the community association supports the application.
- M. Beaubien, resident, expressed support for the proposal.
6City Planner Penelope Horn was also present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED
Application(s) 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 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, tree information report, plans, photo of the posted sign, and a sign posting declaration.
- City Planning Report received September 26, 2024, with no concerns.
- Rideau Valley Conservation Authority email received September 25, 2024, with no comments.
- Hydro Ottawa email received September 27, with comments.
- T. Gray, Westboro Community Association email received September 26, 2024, with comments.
- C. and S. Healy email received September 17, 2024, in support.
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
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 application.
12The Committee also notes that no evidence was presented that the 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 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, both individually and cumulatively, 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, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped August 1, 2024, 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 October 11, 2024.
“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 October 31, 2024, 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