Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
Date of Decision: November 15, 2024
Panel: 1 - Urban
File No.: D08-01-24/B-00151
Application: Consent under Section 53 of the Planning Act
Applicant: Michelle Sample
Property Address: 314 Queen Elizabeth Driveway
Ward: 17 - Capital
Legal Description: Part of Lot E, Registered Plan 35085
Zoning: R3Q [1474]
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 convey a portion of her property to the abutting property owners to the west, known municipally as 1 Second Avenue, and to expand the existing detached garage at the rear of the property, as shown on plans filed with the Committee.
2On September 18, 2024, the Committee adjourned this application to allow the Applicant time to submit a minor variance application.
3In May 2023, the Committee granted minor variance application (D08-02-23/A-00076) which included relief needed to renovate the existing garage. The Applicant has since revised her plans for the proposed garage and is reapplying for the required variances.
CONSENT IS REQUIRED FOR THE FOLLOWING
4The Applicant requires the Committee’s consent for a lot line adjustment.
5The severed property is shown as Part 2 on a draft 4R-plan filed with the application, is landlocked and will contain an area of 0.04 square metres. This vacant land will be merged with the property to the east, known municipally as 1 Second Avenue.
6The retained property, shown on the draft 4R-plan filed with the application, has a frontage of 13.1 metres, an irregular depth, and will contain a lot area of 194.96 square metres. This parcel is known as 314 Queen Elizabeth Driveway.
7A reciprocal Consent Application (D08-01-24/B-00150) has been filed by the abutting property owner at 1 Second Avenue as part of a mutual land exchange and will be heard concurrently with this application.
8Approval of this this mutual land exchange will have the effect of creating a parcel of land for which the proposed development will not be in conformity with the requirements of the Zoning By-law and therefore, minor variance application (D08- 02-24/A-00250) have been filed and will be heard concurrently with this application.
PUBLIC HEARING
Oral Submissions Summary
9Arjan Soor and Murray Chown, Agents for the Applicant, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request.
10In response to questions from the Committee, Mr. Chown explained the garage at 314 Queen Elizabeth Driveway shares a wall with the garage at 1 Second Avenue. Mr. Chown also confirmed the existing eave of the garage at 1 Second Avenue encroaches onto the portion of land being transferred to 314 Queen Elizabeth Driveway. Mr. Chown confirmed that through the renovations of both garages this encroachment would be eliminated.
11In response to questions from the Committee, Mr. Chown confirmed that renovations to the existing dwelling have begun in concurrence with the previous granted minor variance application. He explained the purpose of the requested variances was to expand the existing garage and to connect it to the dwelling.
12City Planner Penelope Horn highlighted no concerns with the application.
13The Committee also heard oral submissions from the following individuals:
G. Weston, resident, raised concerns over access to the foundation, possibility of future development, and his kitchen exhaust vent which extends through the shared wall between his dwelling and the garage on the subject property, adding the if the garage was built higher it would impact the vent. Mr. Weston also requested that a common wall agreement be implemented.
14In response to Mr. Weston’s concerns, Mr. Chown reiterated that tying approval of the variances to plans would restrict future development. Mr. Chown also added that the Applicant is not proposing to increase the height of the garage.
15Michael Polowin, the Applicant’s solicitor, confirmed that a common wall agreement binding current and future owners could be created to address the shared wall.
16Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
17Under 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