Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
November 29, 2024
Panel:
2 - Suburban
D08-01-24/B-00218
Application:
Consent under Section 53 of the Planning Act
Applicant
14150830 Canada Inc.
Property Address:
842, 844 Dundee Avenue
Ward:
7 - Bay
Legal Description
Lot 67, Registered Plan 311
Zoning
R2G
Zoning By-law:
2008-250
Heard:
November 19, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to subdivide their property into two separate parcels of land to create separate ownership for each half of the existing semi-detached dwelling.
CONSENT REQUIRED
2The Applicant seeks the Committee’s consent to sever land.
3The severed land is shown as Part 1 on the Draft 4R-Plan filed with the application and has a frontage of 7.605 metres, a depth of 30.48 metres, and an area of 232 square metres. This land contains half of the existing semi-detached dwelling and is known municipally as 842 Dundee Avenue.
4The retained land is shown as Part 2 on said plan and will have a frontage of 7.605 metres, a depth of 30.49 metres, and an area of 232 square metres. This lot contains half of the existing semi-detached dwelling and is known municipally as 844 Dundee Avenue.
PUBLIC HEARING
Oral Submissions Summary
5Majid Ebrahimipour, agent for the Applicant, and City Planner Nivethini Jekku Einkaran 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(s) Must Satisfy Statutory Tests
7Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Policy Statement and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):
Criteria
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
b) whether the proposed subdivision is premature or in the public interest;
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
d) the suitability of the land for the purposes for which it is to be subdivided;
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
f) the dimensions and shapes of the proposed lots;
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
h) conservation of natural resources and flood control;
i) the adequacy of utilities and municipal services;
j) the adequacy of school sites;
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2)
of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31
(2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
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, tree information, parcel register, photo of the posted sign, and a sign posting declaration.
City Planning Report received November 14, 2024, with no concerns.
Rideau Valley Conservation Authority email dated November 14, 2024, with no objections.
Hydro Ottawa email dated November 15, 2024, with no comments.
Hydro One email dated November 12, 2024, with no comments.
Ontario Ministry of Transportation email dated November 5, 2024, with no 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.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications subject to the requested conditions agreed to by the Applicant’s agent.
11Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Policy Statement that promotes efficient land use and development as well as intensification and redevelopment within built-up areas, based on local conditions.
12The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.
13Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
14Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.
15THE COMMITTEE OF ADJUSTMENT therefore grants the provisional consent, subject to the conditions set out in Appendix “A” to this decision, which must be fulfilled within a two-year period from the date of this Decision.
Absent FABIAN POULIN VICE-CHAIR
“Gary Duncan” GARY DUNCAN MEMBER
“Arto Keklikian” ARTO KEKLIKIAN MEMBER
"Jay Baltz" JAY BALTZ ACTING PANEL CHAIR
"George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" HEATHER MACLEAN MEMBER
Absent 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 29, 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 December 19, 2024.
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
NOTICE TO APPLICANT(S)
All technical studies must be submitted to Planning, Real Estate and Economic Development Department a minimum of 40 working days prior to lapsing date of the consent. Should a Development Agreement be required, such request should be initiated 15 working days prior to lapsing date of the consent and should include all required documentation including the approved technical studies.
Ce document est également offert en français.
Committee of Adjustment
City of Ottawa
Ottawa.ca/CommitteeofAdjustment
613-580-2436
Comité de dérogation
Ville d’Ottawa
Ottawa.ca/Comitedederogation
613-580-2436
APPENDIX “A”
That the Owner/Applicant(s) provide and implement a tree planting plan, to the satisfaction of the Manager of Development Review, All Wards within the Planning, Development and Building Services Department, or their designate(s), showing the location(s), species/ultimate size of one new 50 mm tree to be planted on the property frontage or right-of-way of each lot following construction, to enhance the urban tree canopy and streetscape. The planting plan must be approved by the Planning Forester prior to planting the trees.
That the Owner(s) provide evidence to the satisfaction of both the Chief Building Official and Development Review Manager of All Wards, Planning, Development and Building Services Department, or designates, that both severed and retained parcels have their own independent water, sanitary and storm connection as appropriate, and that these services do not cross the proposed severance line and are connected directly to City infrastructure. Further, the Owner(s) shall comply to 7.1.5.4(1) of the Ontario Building Code, O. Reg. 332/12 as amended. If necessary, a plumbing permit shall be obtained from Building Code Services for any required alterations.
That the Owner(s) shall provide evidence that a grading and drainage plan, prepared by a qualified Civil Engineer licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, has been submitted to the satisfaction of Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate to be confirmed in writing from the Department to the Committee. The grading and drainage plan shall delineate existing and proposed grades for both the severed and retained properties, to the satisfaction of Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) enter into a Joint Use, Maintenance and Common Elements, at the the expense of the Owner(s), setting forth the obligations between the Owner(s) and the proposed future owners.
The Joint Use, Maintenance and Common Elements Agreement shall set forth the joint use and maintenance of all common elements including, but not limited to, the common party walls, common structural elements such as roof, footings, soffits, foundations, common areas, common driveways and common landscaping.
The Owner shall ensure that the Agreement is binding upon all the unit owners and successors in title and shall be to the satisfaction of Development Review All Wards Manager within Planning, Development and Building Services Department, or their designate, or City Legal Services. The Committee requires written confirmation that the Agreement is satisfactory to Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or is satisfactory to City Legal Services, as well as a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent.
That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for the severance for which the Consent is required.```