Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: November 15, 2024 Panel: 1 - Urban File No.: D08-02-24/A-00247 Application: Minor Variance under section 45 of the Planning Act Applicant: 15764076 Canada Inc. Property Address: 112 Marier Avenue Ward: 12 - Rideau-Vanier Legal Description: Lot 134, Registered Plan M-44 Zoning: R4UA-c Zoning By-law: 2008-250 Heard: November 6, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a three storey, low-rise apartment building with eight residential units, as shown on plans filed with the Committee. The existing detached dwelling will be demolished.
REQUESTED VARIANCES:
2The Applicant requires the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit a reduced lot width of 10.06 metres, whereas the By-law requires a minimum lot width of 12 metres.
b) To permit a reduced lot area of 276.5 square metres, whereas the By-law requires a minimum lot area of 360 square metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Changhong Sun, Agent for the Applicant, provided an overview of the application and responded to questions from the Committee.
5In response to questions from the Committee regarding a resident’s concerns over the foundation, Mr. Sun confirmed that these issues would be addressed at the building permit stage. He also confirmed the proposal exceeds the zoning requirements for amenity space, and includes onsite bicycle parking, and waste and recycling storage facilities.
6City Planner Penelope Horn was also present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION 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 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:
- Application and supporting documents, including cover letter, photo of the posted sign, 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 comments
- Ontario Ministry of Transportation email dated October 18, 2024, with no comments.
- K. Walsh, resident, email received October 18, 2024, with comments.
- C. Pavlis, resident, email received November 5, 2024, with concerns.
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 compelling 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.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK ACTING PANEL CHAIR
"Arto Keklikian" ARTO KEKLIKIAN MEMBER
"Simon Coakeley" SIMON COAKELEY MEMBER
ABSENT SHARON LÉCUYER MEMBER
“Heather Maclean” HEATHER MACLEAN 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