Blackburn Real Estate Holdings Inc., 2024 CanLII 148688

MINOR VARIANCE / PERMISSION

Date of Decision: April 26, 2024

Panel: 3 - Rural

File No.: D08-02-24/A-00050

Application: Minor Variance under section 45 of the Planning Act

Owner/Applicant: Blackburn Real Estate Holdings Inc.

Property Address: 28 Manchester Street

Ward: 6 - Stittsville

Legal Description: Part of Lot 23, Concession 11, Geographic Township of Goulbourn

Zoning: R1D

Zoning By-law: 2008-250

Hearing Date: April 16, 2024, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION

1The Owner wants to construct a detached dwelling, 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 an increased lot coverage of 43.15% or 229.38 square meters of building area, whereas the By-law permits a maximum lot coverage of 40% of the lot area, in this case, 212.64 square metres of building area.

PUBLIC HEARING

3Todd Sinclair, Agent for the Applicant, and City Planner Luke Teeft 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(s) 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, photo of the posted sign, and a sign posting declaration.
City Planning Report received April 10, 2024, with no concerns.
Mississippi Valley Conservation Authority email received April 9, 2024, with no objections.
Hydro Ottawa email received April 9, 2024, with no concerns.
R. Fry, resident, emails received April 15, 2024, and April 3, 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. The report highlights that the “proposed minor variance is for slight deviation from the requirements of the R1D zone” and that the “proposed new dwellings are in conformity with all other provisions of the underlying zone.”

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 neighborhood.

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 it 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 March 13, 2024, as they relate to the requested variance.

"William Hunter" WILLIAM HUNTER VICE-CHAIR

"Arto Keklikian" ARTO KEKLIKIAN MEMBER

"Beth Henderson" BETH HENDERSON MEMBER

"Martin Vervoort" MARTIN VERVOORT MEMBER

"Heather MacLean" HEATHER MACLEAN MEMBER

Absent TERRY OTTO MEMBER

Absent JOCELYN CHANDLER MEMBER

I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated APRIL 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 MAY 16, 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