Committee of Adjustment / Comité de dérogation
DECISION PERMISSION
Date of Decision: November 15, 2024
Panel: 1 - Urban
File No(s).: D08-02-24/A-00248
Application: Permission under section 45 of the Planning Act
Applicant(s): Maplered Property Management
Property Address: 448 Bronson Avenue
Ward: 14 - Somerset
Legal Description: Part of Lot 138, All of Lots 139 & 140, Registered Plan 3459
Zoning: TM
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 construct an addition on the north side as well as an enclosed exterior storage area at the rear of the existing automotive repair garage, as shown on plans filed with the Committee.
REQUESTED PERMISSION
2The Applicant requires the Permission of the Committee to expand a legal non-conforming automotive repair garage in the TM zone, to permit the construction of an addition on the north side and an enclosed exterior storage area at the rear of the existing building.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Dextor Edwards, Agent for the Applicant, and City Planner Penelope Horn were present.
5There 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 Two-Part Test
6The Committee has the power to permit an extension of a legal non-conforming use under subsection 45(2) of the Planning Act based upon both the desirability for development of the property in question and the impact on the surrounding area.
Evidence
7Evidence 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 revised cover letter, revised tree information, 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 comments.
- Ottawa-Carleton District School Board email dated October 23, 2024, with comments.
Effect of Submissions on Decision
8The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
9Based on the evidence, the Committee is satisfied that the requested permission meets the two-fold test relating to desirability and impact.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, highlighting that, “[t]he expansion would be used for indoor storage, no negative impacts to the adjacent residential uses are expected as a result of the proposed indoor storage.”
11The Committee also notes that no evidence was presented that the proposal would create any unacceptable impact on abutting properties or the neighbourhood in general.
12Considering the circumstances, the Committee finds that the requested permission is, from a planning and public interest point of view, desirable for the appropriate use of the land, building or structure on the property, and relative to the neighbouring lands.
13The Committee also finds that the proposal will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
14THE COMMITTEE OF ADJUSTMENT therefore permits the requested enlargement or extension of the building, subject to the proposed construction being in accordance with the site plan filed, Committee of Adjustment date stamped September 24, 2024, and the elevations filed, Committee of Adjustment date stamped September 23, 2024, as they relate to the requested permission.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK ACTING PANEL CHAIR
"Arto Keklikian" ARTO KEKLIKIAN MEMBER
"Simon Coakeley" SIMON COAKELEY MEMBER
ABSENT SHARON LÉCUYER MEMBER
“Heather Maclean” HEATHER MACLEAN 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