Committee of Adjustment / Comité de dérogation

DECISION

MINOR VARIANCE / PERMISSION

Date of Decision: May 10, 2024

Panel: 2 - Suburban

File No(s).: D08-02-24/A-00081

Application: Minor Variance under section 45 of the Planning Act

Owner(s)/Applicant(s): Albert Slater Properties Limited Partnership

Property Address: 75 Slater Street

Ward: 14 – Somerset

Legal Description: Part of Lot 53 and Lot 54 (North Slater Street Lots), Registered Plan 3922

Zoning: MD S46

Zoning By-law: 2008-250

Heard: May 1, 2024, person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION

1The Owner wants to construct a 25-storey residential building, as shown on plans filed with the Committee.

REQUESTED VARIANCE

2The Owner/Applicant requires the Committee’s authorization for a minor variance from the Zoning By-law to permit two parking spaces with a reduced length of 4.8 metres (parking space 13 and 17), whereas the By-law requires a minimum parking space length of 5.2 metres.

3The application indicates that the Property is not the subject of any other current application under the Planning Act.

PUBLIC HEARING

Oral Submissions Summary

4Kieren Waugh, Agent for the Applicant, and City Planner Penelope Horn were present.

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 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 April 25, 2024, with no concerns.
• Rideau Valley Conservation Authority email received April 29, 2024, with no objections.
• Hydro Ottawa email received April 23, 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 variance meets 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, “[a] 4.8 metre parking space length aligns with the Zoning By-Law requirements for compact car parking spaces, which allows a parking space length of 4.6 metres in some underground parking lots.”

11The Committee also notes that no evidence was presented that the variance 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 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.

13The 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.

14In 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 on the property that is compatible with the surrounding area.

15Moreover, 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.

16THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variance, subject to the location and size of the proposed construction being in accordance with the parking layout plan filed, Committee of Adjustment date stamped April 4, 2024, as it relates to the requested variance.

“Ann M. Tremblay” ANN M. TREMBLAY CHAIR

Absent JOHN BLATHERWICK MEMBER

“Simon Coakeley” SIMON COAKELEY MEMBER

“Arto Keklikian” ARTO KEKLIKIAN MEMBER

“Julianne Wright” JULIANNE WRIGHT MEMBER

Absent SHARON LÉCUYER MEMBER

“Heather MacLean” HEATHER MACLEAN MEMBER

I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated May 10, 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 May 30, 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