Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: December 20, 2024
Panel: 1 - Urban
File No.: D08-02-24/A-00279
Application: Minor Variance under section 45 of the Planning Act
Applicant: Lahave Properties Ltd.
Property Address: 235 Bay Street
Ward: 14 - Somerset
Legal Description: Lots 13 & 14, Registered Plan 2996
Zoning: R5Q H(64)
Zoning By-law: 2008-250
Hearing Date: December 11, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct an enclosure over the existing ramp leading to the underground parking garage, as shown on the plans filed with the application.
REQUESTED VARIANCES
2The Applicant seeks the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit a reduced rear yard setback, for the enclosed entrance to parking garage ramp, of 0.19 metres, whereas the By-law requires a minimum rear yard setback of 0.6 metres.
b) To permit a reduced corner side yard setback, for the enclosed entrance to the parking garage ramp, of 0 metres, whereas the By-law requires a minimum corner side yard setback of 1.2 metres.
PUBLIC HEARING
Oral Submissions Summary
3John Thibaudeau, agent for the Applicant, and City Planner Penelope Horn were present.
4There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application 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:
Application and supporting documents, including cover letter, plans, and a sign posting declaration.
City Planning Report received December 5, 2024, with no concerns.
Rideau Valley Conservation Authority email dated December 6, 2024, with objections.
Hydro Ottawa email dated December 6, 2024, with no concerns.
Ontario Ministry of Transportation email dated November 22, 2024, 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 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, highlighting that “[t]he proposed reduced setbacks will allow the applicant to use the existing foundation of the parking ramp, minimizing disruptions to the surrounding area”.
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, subject to the location and size of the proposed construction being in accordance with the plans filed November 8, 2024, as they relate to the requested variances.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
Absent 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 December 20, 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 and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on January 9, 2025
OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal . First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.
BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.
IN PERSON – Appeal packages can be delivered to the Secretary- Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person 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.
Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.
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.
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.
If you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal
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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