Committee of Adjustment / Comité de dérogation
DECISION: CERTIFICATES OF CANCELLATION
Date of Decision: July 26, 2024
File Nos.: D08-01-20/B-00034 & D08-01-20/B-00035
Application: Certificates of Cancellation under section 53(45) of the Planning Act
Applicant: 1944 Lenester Avenue Inc.
Property Address: 1944, 1946 Lenester Avenue
Ward: 7 – Bay
Legal Description: Part of Lot 2, Registered Plan 330458
Zoning: R1GG
Zoning By-law: 2008-250
Hearing Date: July 16, 2024
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant seeks Certificates of Cancellation.
2The Committee of Adjustment granted provisional consent for conveyances at 1944 and 1946 Lenester Avenue on June 12, 2020. Certificates of Official finalizing the consent decision were issued on June 22, 2021.
3The Applicant requests that the Committee issue Certificates of Cancellation to facilitate a future sale of the properties.
4The Certificates of Cancellation relate to the property described as Part of Lot 2, Registered Plan 330458.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
5Under subsection 53(45) of the Planning Act, the Committee of Adjustment has the power to issue certificates of cancellation of a consent to an owner of land that was previously conveyed with such a consent.
Evidence
6Evidence considered by the Committee included the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
- Letter of application and supporting documents, including cover letter, draft certificates of cancellation, parcel register abstracts, and a copy of the previous Committee of Adjustment decision.
- City Planning Report received July 11, 2024, with no concerns.
- Rideau Valley Conservation Authority email received July 10, 2024, with no objections.
- Ontario Ministry of Transportation email received July 11, 2024, with comments.
7The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that “Staff have no concerns with the cancellation certificate as the properties will merge under one ownership since the Applicant owns both 1944 Lenester Avenue and 1946 Lenester Avenue.”
8Based on the evidence, the Committee is satisfied that it is appropriate to issue certificates of cancellation.
9THE COMMITTEE OF ADJUSTMENT therefore issues certificates of cancellation.
Fabian Poulin
FABIAN POULIN
VICE-CHAIR
Absent
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 July 26, 2024.
“Michel Bellemare”
MICHEL BELLEMARE
SECRETARY-TREASURER
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