Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: December 20, 2024
Panel: 3 - Rural
File No.: D08-02-24/A-00196
Application: Minor Variance under section 45 of the Planning Act
Applicants: Peter and Sue-Ellen Johnston
Property Address: 5444 West River Drive
Ward: 21 - Rideau-Jock
Legal Description: Part of Lot 71, Plan 648, Geographic Township of Gloucester
Zoning: V1P
Zoning By-law: 2008-250
Hearing Date: December 10, 2024, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to expand their existing garage to accommodate two vehicles, as shown on plans filed with the Committee.
2On September 3, 2024, the Committee adjourned the hearing of the application to allow City staff more time to review the proposal.
REQUESTED VARIANCE
3The Applicants seek the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced side yard setback of 1.98 metres, whereas the By-law requires a minimum side yard setback of 3 metres.
4The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
5Peter and Sue-Ellen Johnston, the Applicants, and City Planner Luke Teeft were present.
6There 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
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, slope stability report, neighbour signatures in support of the application, photo of the posted sign, and a sign posting declaration.
City Planning Report received December 5, 2024, with no concerns; received August 29, 2024, requesting an adjournment.
Rideau Valley Conservation Authority email dated December 9, 2024, with no objections; received August 29, 2024, with no objections.
Hydro Ottawa email dated December 9, 2024, with comments.
Ontario Ministry of Transportation email dated November 22, 2024, with no comments.
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 variance meets 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, highlighting that “[t]he proposal is for a minor reduction to the side yard setback which allows for the expansion of the existing garage while meeting the intent of the Zoning By-law and Official Plan.”
12The Committee also notes that no evidence was presented that the variance 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 variance is, 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 variance maintains 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 variance maintains 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 variance, 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 variance, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped July 22, 2024, as they relate to the requested variance.
"Terence Otto" TERENCE OTTO VICE-CHAIR
"Gary Duncan" GARY DUNCAN MEMBER
"Beth Henderson" BETH HENDERSON MEMBER
"Martin Vervoort" MARTIN VERVOORT MEMBER
"Jocelyn Chandler" JOCELYN CHANDLER 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