Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Panel: 1 - Urban
Application: Permission under section 45 of the Planning Act
Owners/Applicants: Alfonso Capretta, Davide Capretta and Steve Capretta
Property Address: 507 Bay Street
Ward: 14 - Somerset
Legal Description: Part of Lot 1, East side of Bay Street, Registered Plan 30
Zoning: TM14 (H17)
Zoning By-law: 2008-250
Hearing Date: April 3, 2024, in person and by videoconference
APPLICANTS’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owners want to construct a three-storey addition containing 7 apartment dwellings at the rear of the existing building, resulting in a 10-unit, low-rise apartment dwelling on the property, as shown on plans filed with the Committee. Existing one-and two-storey portions at the rear of the building will be demolished.
REQUESTED PERMISSION
2The Owners/Applicants require the Permission of the Committee to enlarge or extend the existing non-conforming apartment dwelling for a proposed rear addition.
PUBLIC HEARING
Oral Submissions Summary
3Christine McCuaig, Agent for the Applicants, responded to questions from the Panel Chair and agreed that the Purpose of the Application should be clarified as follows:
The Owners want to construct a three-storey addition containing 7 apartments dwellings at the rear of the existing building, resulting in a 10-unit, low-rise apartment dwelling on the property, as shown on plans filed with the Committee. Existing one-and two-storey portions at the rear of the building will be demolished.
4City Planner Margot Linker was also present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Two-Part Test
5The Committee has the power to permit an extension or enlargement of a legal non-conforming building or 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
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 a planning rationale, plans, photo of the posted sign, and a sign posting declaration.
City Planning Report received March 27, 2024, with no concerns.
Rideau Valley Conservation Authority email received March 27, 2024, with no objections.
Hydro Ottawa email received March 27, 2024, with comments.
Ottawa Macdonald-Cartier International Airport Authority email received March 20, 2024, with no comments.
Ontario Ministry of Transportation email received March 22, 2024, with no 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 permission meets the two-fold test relating to desirability and impact.
9The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
10The Committee further notes that no evidence was presented that the proposal would create any unacceptable impact on abutting properties or the neighbourhood in general.
11Considering 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 development or use of the land, building or structure on the property, and relative to the neighbouring lands.
12The Committee also finds that the proposal will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
13THE 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 February 28, 2024, as they relate to the requested permission.
“Ann M. Tremblay” ANN M. TREMBLAY CHAIR
“John Blatherwick” JOHN BLATHERWICK MEMBER
“Simon Coakeley” SIMON COAKELEY MEMBER
“Arto Keklikian” ARTO KEKLIKIAN MEMBER
Absent SHARON LÉCUYER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated April 12, 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 2, 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