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
RU
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
7
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