Committee of Adjustment / Comité de dérogation
DECISION
MINOR VARIANCE
Date of Decision: July 26, 2024
Panel: 3 - Rural
File No.: D08-02-24/A-00163
Application: Minor Variance under section 45 of the Planning Act
Applicants: Shane and Amy LaBrash
Property Address: 4093 Caracourt Drive
Ward: 20 - Osgoode
Legal Description: Lot 56, Registered Plan 4M-1127
Zoning: V1I
Zoning By-law: 2008-250
Heard: July 16, 2024, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owners/Applicants want to construct a two-storey garage with a loft, as shown on the plans filed with the application.
REQUESTED VARIANCES
2The Applicants require the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit an increased cumulative floor area for the accessory structures of 116.3 square metres, whereas the By-law permits a maximum cumulative floor area of 55 square metres.
b) To permit an increased height of 5.2 metres for an accessory structure whereas the By-law permits a maximum height for an accessory structure of 4.5 square metres.
PUBLIC HEARING
Oral Submissions Summary
3The Applicants, Shane and Amy LaBrash, requested clarification that the City’s requested condition for a grading and drainage plan was not required.
4City Planner Elizabeth King confirmed that the condition for a grading and drainage plan would not be required and could be removed as a condition of provisional consent.
5There 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(s) Must Satisfy Statutory Four-Part Test
6The 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
7Evidence 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 July 10, 2024, with no concerns.
South Nation Conservation Authority email received July 11, 2024, with no objections.
Hydro Ottawa email received July 10, 2024, with no comments.
Effect of Submissions on Decision
8The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
9Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that “[t]he proposed and existing accessory structures account for less than 2% of the lot coverage, excluding the dwelling”.
The report also notes that “[t]he proposed structure effectively utilizes its footprint by including a loft space for additional storage”.
11The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
12Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variances are, 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.
13The Committee also finds that the requested variances maintain the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.
14In addition, the Committee finds that the requested variances maintain the general intent and purpose of the Zoning By-law because the proposal represents orderly development that is compatible with the surrounding area.
15Moreover, the Committee finds that the requested variances, both individually and cumulatively, are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
16THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped July 3, 2024, as they relate to the requested variances.
Terrence Otto TERRENCE OTTO VICE-CHAIR
Gary Duncan GARY DUNCAN MEMBER
Beth Henderson BETH HENDERSON MEMBER
Martin Vervoort MARTIN VERVOORT MEMBER
Jocelyn Chandler JOCELYN CHANDLER 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 not met, the OLT does not have the authority to hold a hearing to consider your appeal.
Ce document est également offert en français.
Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436