Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: November 15, 2024
Panel: 2 - Suburban
File No.: D08-02-24/A-00042
Application: Minor Variances under section 45 of the Planning Act
Applicant: Grenon Ave Inc.
Property Address: 841 to 845 Grenon Avenue
Ward: 7 - Bay
Legal Description: Part of Lot 14, Plan 457
Zoning: R4M [2624]
Zoning By-law: 2008-250
Hearing Date: November 5, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant is constructing a four-storey, 32-unit apartment building, as shown on the plans filed with the application.
REQUESTED VARIANCES
2The Applicant requires the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit a reduced number of resident parking spaces of 0.56 spaces per dwelling unit (18 spaces), whereas the By-law requires a minimum of 0.6 residential parking spaces per dwelling unit (19 spaces).
b) To permit an entrance to a garage to project 2.279 metres closer to the front lot line than the principal entrance to the dwelling, whereas the By-law requires an entrance to a garage to be set back at least 0.6 metres further from the front lot line than the principal entrance to the dwelling.
PUBLIC HEARING
Oral Submissions Summary
3James Ireland, Agent for the Applicant, provided an overview of the application and responded to questions from the Committee. He explained that the proposal was to introduce two additional apartment dwellings on the ground floor of the building under construction, to provide additional rental housing in the urban area and close to public transit.
4Mr. Ireland addressed concerns regarding the garage entrance, highlighting that the building form was approved through the site plan control process, prior to amendments to the Zoning By-law that introduced new standards for garage entrance projections.
5City Planner Nivethini Jekku Einkaran had no concerns with the application.
6Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application 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, plans, 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.
J. Williams email dated October 19, 2024, opposed.
H. Artelle email dated October 22, 2024, opposed.
L. Zanyk email dated November 4, 2024, opposed.
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 achieves gentle intensification and 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 September 19, 2024, as they relate to 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