Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
November 15, 2024
Panel:
2 - Suburban
D08-02-24/A-00249
Application:
Minor Variance under section 45 of the Planning Act
Applicant:
Costco Wholesale Canada LTD
Property Address:
415 West Hunt Club Road
Ward:
9 - Knoxdale-Merivale
Legal Description:
Part of Lot 29, Concession A, Rideau Front, Geographic Township of Nepean
Zoning:
AM10[1374]
Zoning By-law:
2008-250
Heard:
November 5, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct an addition to the south side of the existing office building, as shown on the plans filed with the application.
REQUESTED VARIANCES
2The Applicant requires the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit a reduced area of transparent glazing of 36% of the ground floor façade facing West Hunt Club Road, with no active customer entrance doors, whereas the By-law requires a minimum area transparent glazing of 50% of the ground floor façade with active customer entrance doors.
b) To permit a reduced area of transparent glazing of 43.0% of the ground floor façade facing Roydon Place, with no active customer entrance doors, whereas the By-law requires a minimum area of transparent glazing of 50% of the ground floor façade with active customer entrance doors.
c) To permit a reduced number of non-residential active entrances facing a public street of 0, whereas the By-law requires a minimum of 1 non-residential active entrance facing a public street.
d) To permit a reduced landscaped area for a parking lot of 11.6% of the area of the parking lot, whereas the By-law requires a minimum of 15% of the area of any parking lot to be landscaped area.
PUBLIC HEARING
Oral Submissions Summary
3Jasmine Paoloni, Agent for the Applicant, provided an overview of the application and stated that, based on an updated interpretation from the City regarding the method for calculating landscaped area, variance (d) is not required.
4City Planner Penelope Horn agreed and stated that, with the removal of variance (d), the City had no concerns with the requested variances. With the agreement of all parties the application was amended accordingly.
5Ms. Paoloni addressed the Scenic Entry Route designation for West Hunt Club Road, stating that the proposal would contribute to the intent of this designation by planting trees adjacent to the addition, bringing the building closer to the street, removing a section of the parking lot, and creating an improved visitor entrance and employee amenity space. She also highlighted that any concerns regarding streetscape would be addressed through site plan control process.
6Following 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
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, parcel register, tree information, photo of the posted sign, and a sign posting declaration.
City Planning email received November 4, 2024, with no concerns; City Planning Report received October 31, 2024, with concerns
Rideau Valley Conservation Authority email dated November 1, 2024, with no objections
Hydro Ottawa email dated November 1, 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 raised no concerns regarding the amended application.
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 variances are, 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 establishes a consistent built form along the street.
16Moreover, the Committee finds that the requested variances, 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 variances, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped September 24, 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 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/](https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Folt.gov.on.ca%2F&data=04%7C01%7Cmandy.nguyen%40