Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 2 - Suburban
Application: Minor Variances under section 45 of the Planning Act
Applicants: Mario Peloso, Genevieve Lussier, Luigi Peloso
Property Address: 1339 Mory Street
Ward: 10 - Gloucester-Southgate
Legal Description: Part of Lot 23, Registered Plan 674
Zoning: R1WW [637]
Zoning By-law: 2008-250
Heard: November 5, 2024, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicants want to subdivide their property into two separate parcels of land for the construction of two detached dwellings. The applications indicate that each detached dwelling will contain one additional dwelling unit. 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-00257: 1339 Mory Street, Part 1 on 4R-Draft Plan, proposed detached dwelling:
a) To permit a lot area of 399.6 square metres, whereas the By-law requires a minimum lot area of 555 square metres.
A-00258: 1341 Mory Street, Part 2 on 4R-Draft Plan, proposed detached dwelling:
b) To permit a lot area of 492.7 square metres, whereas the By-law requires a minimum lot area of 555 square metres.
PUBLIC HEARING
Oral Submissions Summary
3Christoph Jalkotzy, Agent for the Applicant, and City Planner Nivethini Jekku Einkaran were present.
4There were no objections to granting these unopposed applications as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED
Applications Must Satisfy Statutory Four-Part Test
5The Committee has the power to authorize minor variances 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 variances are minor, are 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 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, parcel register, tree information, and a sign posting declaration.
City Planning Report received October 31, 2024, with no concerns.
Rideau Valley Conservation Authority email dated November 1, 2024, with no objections.
Hydro Ottawa email dated November 1, 2024, with no comments.
Hydro One email dated October 30, 2024, with no comments.
Ontario Ministry of Transportation email dated October 18, 2024, with no comments.
Effect of Submissions on Decision
7The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.
8Based on the evidence, the Committee is satisfied that the requested variances meet 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 applications.
10The Committee also notes that no evidence was presented that the variances 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 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.
12The 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.
13In 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.
14Moreover, 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.
15THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances.
"Fabian Poulin" FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ MEMBER
"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 November 15, 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 December 5, 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