Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE
October 11, 2024
Panel:
2 - Suburban
D08-02-24/A-00238
Application:
Minor Variance under section 45 of the Planning Act
Applicants:
Grant and Vicki Lemieux
Property Address:
6045 Longleaf Drive
Ward:
19 - Orléans South-Navan
Legal Description:
Part of Lot 5, Plan 4M-1001
Zoning:
R1VV
Zoning By-law:
2008-250
Heard:
October 1, 2024, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to construct an addition to their existing garage, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Applicants require the Committee’s authorization for a minor variance from the Zoning By-law as follows:
a) To permit a reduced interior side yard setback of 0.61 metres, whereas the By-
law requires a minimum interior side yard setback of 0.935 metres an easterly side yard setback of 0.61 metres and a westerly side yard setback of 0.61 metres for a total of 1.22 metres, whereas the Zoning By-Law requires a minimum total side yard setback of 1.8 metres with one yard being at least 0.6 metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4The Committee noted that an amendment to variance (a) was required as follows:
a) To permit a reduced interior side yard setback of 0.61 metres, whereas the By-
law requires a minimum interior side yard setback of 0.935 metres an easterly side yard setback of 0.61 metres and a westerly side yard setback of 0.61 metres for a total of 1.22 metres, whereas the Zoning By-Law requires a minimum total side yard setback of 1.8 metres with one yard being at least 0.6 metres.
5With the concurrence of all parties, the application was amended accordingly.
6Vicki and Grant Lemieux, the Applicants, provided an overview of their application.
7City Planner Nivethini Jekku Einkaran highlighted no concerns with the application.
8Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
AS AMENDED
Application Must Satisfy Statutory Four-Part Test
9The 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
10Evidence considered by the Committee included any 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, letter from a Zoning Plan Examiner, neighbour consultation letter, photo of the posted sign, and a sign posting declaration.
City Planning Report received September 25, 2024, with no concerns.
Rideau Valley Conservation Authority email received September 26, 2024, with no objections.
Hydro Ottawa email received September 27, 2024, with comments.
Effect of Submissions on Decision
11The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
12Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
13The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
14The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
15Considering 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.
16The 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.
17In 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.
18Moreover, the Committee finds that the requested variance is minor because it will not create any unacceptable adverse impact on abutting properties or
the neighbourhood in general.
19THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances, subject to the location and size of the proposed construction being in accordance with the site plan filed, Committee of Adjustment date stamped August 27, 2024, as they relate to the requested variances.
“Fabian Poulin” FABIAN POULIN VICE-CHAIR
“Jay Baltz” JAY BALTZ MEMBER
“George Barrett” GEORGE BARRETT MEMBER
“Heather MacLean”
HEATHER MACLEAN MEMBER
“Julianne Wright” JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated October 11, 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 October 31, 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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