Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE
Date of Decision: July 26, 2024
Panel: 2 - Suburban
File No(s).: D08-02-24/A-00098
Application: Minor Variance under section 45 of the Planning Act
Applicant(s): Marco and Kimberley Scapillati
Property Address: 9 Mayo Avenue
Ward: 9 – Knoxdale-Merivale
Legal Description: Lot 55, Registered Plan 378959
Zoning: R1E [1722]
Zoning By-law: 2008-250
Heard: July 16, 2024, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to construct a garage addition on the west side of the existing dwelling, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Applicants require the Committee’s authorization for a minor variance from the Zoning By-law to permit an increased driveway width of 10.96 metres, whereas the By-law permits a maximum driveway width of 6 metres.
3The subject property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Marco and Kimberley Scapillati, the Applicants, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request.
5City Planner Penelope Horn clarified that the driveway width is measured at its widest point. She further advised that the City had concerns with the proposed driveway width.
6Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
7The 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
8Evidence 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, tree information, photo of the posted sign, and a sign posting declaration.
- City Planning Report received July 11, 2024, with concerns; revised report received July 12, 2024, with concerns; received May 30, 2024, with some concerns.
- Rideau Valley Conservation Authority email received July 10, 2024, with no objections; received May 30, 2024, with no objections.
- Hydro Ottawa email received July 10, 2024, with no comments; received May 30, 2024, with no comments.
- Ontario Ministry of Transportation email received July 11, 2024, with no comments.
- W. F. Morley, resident, email received May 22, 2024, in support.
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
10Based on the evidence, the majority of the Committee (Member J. Wright dissenting) is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
11The Committee notes that the City’s Planning Report raises “concerns” regarding the application, highlighting that: “The proposed driveway would exceed the maximum driveway width permitted on the lot by 4.96 metres. Provisions that restrict the driveway width are in place to reduce visual impact of vehicles on the streetscape, reduce the potential for conflict between active transportation users and automobiles, and promote soft landscaping.”
12The majority of the Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
13Considering the circumstances, the majority of 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.
14The majority of 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.
15In addition, the majority of 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.
16Moreover, the majority of 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.
17THE 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 May 31, 2024, and the elevations filed, Committee of Adjustment date stamped April 19, 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
DissentJULIANNE 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 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 Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
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