minicounsel

Martin Brazeau, 2024 CanLII 146786

September 13, 2024

Martin Brazeau, 2024 CanLII 146786

Case Summary

The applicant sought consent to sever their property into two separate parcels to create one new lot for future residential development and to convey a portion to an abutting property. The City Planner had no concerns with the applications. The Committee of Adjustment found that the proposal was consistent with the Provincial Policy Statement, had regard for matters of provincial interest, and satisfied the criteria under subsection 51(24) of the Planning Act. The applications for consent were granted subject to several conditions, including requirements for private sewage systems, noise attenuation, and hydrogeological assessments.

Committee of Adjustment

Comité de dérogation

DECISION

CONSENT/SEVERANCE

Date of Decision

September 13, 2024.

Panel:

3 - Rural

File Nos.:

D08-01-24/B-00119 and D08-01-24/B-00120

Consent under Section 53 of the Planning Act

Martin Brazeau 612 Smith Road

19 – Orléans South-Navan

Part of Lot 10, Concession 10, Geographic Township of Cumberland

2008-250

Application:

Applicant:

Property Address:

Ward:

Legal Description:

Zoning:

Zoning By-law:

Heard:

September 3, 2024, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

[1] The Applicant wants to subdivide their property into two separate parcels of land to create one new lot for future residential development and to convey a portion of their property to the abutting property to the south known municipally as 590 Smith Road.

CONSENT IS REQUIRED FOR THE FOLLOWING

[2] The Applicant requires the Committee’s consent to sever land and for a lot line adjustment. The property is shown as Parts 1, 3, 4, 5, 6 and 7 on the Draft 4R-Plan and sketch filed with the applications and the separate parcels will be as follows:

Table 1 Proposed Parcels

File No.

Frontage

Depth

Area

Part No.

Municipal Address

B- 00119

70 m

122 m

0.8 ha

4, 5 & 6

634 Smith Road

Vacant land for future residential development

B- 00120

landlocked

Irregular

5.26 ha

To be merged with 590 Smith Road

[3] The retained land is shown as Part 1 on said plan and will have a frontage of

112.46 metres, an irregular depth, and an area of 13.36 hectares. This lot contains a detached dwelling and an accessory building and is known municipally as 612 Smith Road.

[4] The subject property is not the subject of any other current application under the

Planning Act.

PUBLIC HEARING

[5] On August 6, 2024, the scheduled hearing of the applications was adjourned to August 20, 2024, at the request of City Planner Elizabeth King, to allow the Applicant time to complete minimum distance separation calculations to determine is minor variances were required. On August 20, 2024, the applications were further adjourned to September 3, 2024, at the request of the Ms. King.

Oral Submissions Summary

[6] Martin Brazeau, the Applicant, was present.

[7] City Planner Elizabeth King confirmed she had no concerns with the applications.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Applications Must Satisfy Statutory Tests

[8] Under 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