Committee of Adjustment
Comité de dérogation
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DECISION
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MINOR VARIANCE
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Date of Decision:
September 27, 2024
Panel:
1 - Urban
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File No.:
D08-02-24/A-00212
Application:
Minor Variance under section 45 of the Planning Act
Applicant:
Thusanth Thuraisingam
Property Address:
249 Shakespeare Street
Ward:
12 – Rideau-Vanier
Legal Description:
Lot 336, Registered Plan 246
Zoning:
R4UA
Zoning By-law:
2008-250
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Heard:
September 18, 2024, in person and by videoconference
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APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
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[1] The Applicant wants to construct a three-storey, eight-unit low-rise apartment building, as shown on the plans filed with the application. The existing dwelling and garage will be demolished.
# REQUESTED VARIANCE
[2] The Applicant requires the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced rear yard setback of 4.7 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres.
[3] The property is not the subject of any other current application under the Planning Act.
# PUBLIC HEARING
## Oral Submissions Summary
[4] Niels Luettge, Agent for the Applicant, provided an overview of the application. Mr. Luettge addressed concerns raised by a resident, noting that the existing driveway and garage will be removed for additional greenspace.
[5] The Committee also heard oral submissions from the following individual:
- R. St. Louis, resident, raised concerns over privacy and potential damage to the existing retaining wall.
[6] In response to questions from the Committee, Mr. Luettge explained that the proposed basement space is currently intended for mechanical and storage use.
[7] City Planner Penelope Horn confirmed that if basement units were constructed, a building permit would be required and zoning would be confirmed at that time to determine if any new variances were required.
# DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
## Application Must Satisfy Statutory Four-Part Test
[8] The 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
[9] Evidence 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, photo of the posted sign, and a sign posting declaration.
- City Planning Report received September 12, 2024, with no concerns.
- Rideau Valley Conservation Authority email received September 16, 2024, with no objections.
- Hydro Ottawa email received September 16, 2024, with no objections.
- Ontario Ministry of Transportation email received September 9, 2024, with no comments.
- K. Walsh, resident, email received September 4, 2024, in support.
- R. St. Louis, resident, email received September 17, 2024, with concerns.
## Effect of Submissions on Decision
[10] The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
[11] Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
[12] The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that: “Given that the rear yard of the subject property primarily abuts the side yard of the property adjacent to the subject site, a reduced rear yard setback will have minimal impacts on privacy. The proposed low-rise apartment building will also result in an increase of soft landscaping, compared to the existing triplex and garage.”
[13] The Committee also notes that no compelling evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
[14] Considering 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.
[15] The 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.
[16] In 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.
[17] Moreover, 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.
[18] THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variance, subject to the location and size of the proposed construction being in accordance with the site plan filed, Committee of Adjustment date stamped August 16, 2024, as they relate to the requested variance.
Ann M. Tremblay ANN M. TREMBLAY CHAIR
John Blatherwick JOHN BLATHERWICK MEMBER
Simon Coakeley SIMON COAKELEY MEMBER
Arto Keklikian
ARTO KEKLIKIAN MEMBER
Sharon Lécuyer
SHARON LÉCUYER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated September 27, 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 17, 2024, delivered by email at [cofa@ottawa.ca](mailto: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%40ottawa.ca%7C4a402e587dca4eec381008d92a9c13e2%7Cdfcc033ddf874c6ea1b88eaa73f1b72e%7C0%7C0%7C637587672099325338%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=V0eM78Npg%2BE92b%2F2LCkzM1PHSopFe%2Fw4BuM7gvq28Wo%3D&reserved=0). 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](mailto: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
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