Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE
July 26, 2024
Panel:
2 - Suburban
D08-02-24/A-00156
Application:
Minor Variance under section 45 of the Planning Act
Applicant:
Xinyan Yang
Property Address:
2336 Shanegal Crescent
Ward:
10 – Gloucester-Southgate
Legal Description:
Part of Lot 12, Registered Plan M-192
Zoning:
R2N
Zoning By-law:
2008-250
Heard:
July 16, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a sunroom at the rear of the existing semi- detached dwelling, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Applicant requires the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced rear yard setback of 4.27 metres, whereas the by-law requires a minimum rear yard setback of 7 metres.
PUBLIC HEARING
Oral Submissions Summary
3Dan Stone, Agent for the Applicant, and City Planner Penelope Horn were present.
4There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
5The 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
6Evidence 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, confirmation that no Tree Information Report was required, photo of the posted sign, and a sign posting declaration.
City Planning Report received July 11, 2024, with no concerns.
Rideau Valley Conservation Authority email received July 10, 2024, with no objections.
Hydro Ottawa email received July 10, 2024, with no comments.
Ontario Ministry of Transportation email received July 11, 2024, with no comments.
L. Leclerc, resident, email received July 16, 2024, with comments.
Effect of Submissions on Decision
7The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
8Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
9The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that the reduced rear yard setback ensures “appropriate separation between developments without creating adverse impacts on adjacent properties.”
10The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
11Considering 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.
12The 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.
13In 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.
14Moreover, the Committee finds that the requested variance is minor because the proposal will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
15THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variance, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped June 13, 2024, as they relate to the requested variance.
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
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 August 15, 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/. 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.
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