Committee of Adjustment
Comité de dérogation
DECISION
PERMISSION
Date of Decision: June 14, 2024
Panel: 1 - Urban
File No.: D08-02-24/A-00102
Application: Permission under section 45 of the Planning Act
Owner/Applicant: TLC Development Group Inc.
Property Address: 296 Metcalfe Street
Ward: 14 - Somerset
Legal Description: Lot 11, Part of Lot 12 & 14, Registered Plan 15558
Zoning: R4UD [478]
Zoning By-law: 2008-250
Heard: June 5, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct an accessible three-storey addition on the south side of the existing building which will contain new entrances, stairs, and an elevator, as shown on the plans filed with the application. The existing shed and one storey addition on the south side will be demolished.
REQUESTED PERMISSION
2The Applicant requires the Permission of the Committee to expand the legal non-conforming mixed-use building in the R4UD [748] zone, to permit the proposed addition.
PUBLIC HEARING
3Jacob Bolduc and Gabi Scollon, both acting as Agents for the Applicant, and City Planner Margot Linker were present.
4The Committee advised that the written comment received from an area resident regarding the cladding of the proposed addition was outside of its purview.
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 Must Satisfy Two-Part Test
6The Committee has the power to permit an extension of a legal non-conforming use under subsection 45(2) of the Planning Act based upon both the desirability for development of the property in question and the impact on the surrounding area.
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 plans, tree information report, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 30, 2024, with no concerns.
Rideau Valley Conservation Authority email received May 29, 2024, with no objections.
Hydro Ottawa email received May 30, 2024, with no concerns.
Ottawa Carleton District School Board email received May 23, 2024, with no concerns.
City of Ottawa Building Code Services email received May 23, 2024, with no comments.
H. McGill, resident, email received June 5, 2024, with 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 permission meets the two-fold test relating to desirability and impact.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the application highlighting that “[t]he proposed addition, which will contain an elevator and secondary staircase to introduce barrier-free access, has a building footprint and envelope that is smaller than what would be permitted for a low-rise apartment on this lot.”
11The Committee further notes that no evidence was presented that the proposal would create any unacceptable impact on abutting properties or the neighbourhood in general.
12Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested permission is, from a planning and public interest point of view, desirable for the appropriate use of the land, building or structure on the property, and relative to the neighbouring lands.
13The Committee also finds that the proposal will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
14THE COMMITTEE OF ADJUSTMENT therefore permits the extension or enlargement of the dwelling, subject to the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped April 22, 2024, as they relate to the requested permission.
“Simon Coakeley” SIMON COAKELEY ACTING PANEL CHAIR
“John Blatherwick” JOHN BLATHERWICK MEMBER
“Heather MacLean” HEATHER MACLEAN MEMBER
“Arto Keklikian” ARTO KEKLIKIAN MEMBER
Absent SHARON LÉCUYER MEMBER
“Ann M. Tremblay” ANN M. TREMBLAY CHAIR
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated June 14, 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 July 4, 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
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436