Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Panel: 2 - Suburban
Application: Minor Variance under section 45 of the Planning Act
Owners/Applicants: 6382924 Canada Inc.
Property Address: 400 Inlet Private
Ward: 1 – Orléans East-Cumberland
Legal Description: Part of Lots 28 and 29, Concession 1 (Old Survey), Geographic Township of Cumberland
Zoning: R5A [2605] S405
Zoning By-law: 2008-250
Hearing Date: March 19, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to reconfigure the interior layout of the residential tower, currently under construction, to add an additional 19 dwelling units, for a total of 261 units, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Owner requires the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced residential parking space rate of 1.1 parking spaces per dwelling unit, for a total of 287 residential parking spaces, whereas the By-law requires a minimum of 1.2 parking spaces per dwelling unit, in this case 313 parking spaces.
PUBLIC HEARING
Oral Submissions Summary
3Daniel Paquette, agent for the Applicant, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request. He highlighted that the proposed reduced parking space rate of 1.1 spaces per dwelling unit applies to the residential parking only and does not impact the required number of visitor parking spaces.
4City Planner, Samantha Gatchene was present and confirmed that she had no concerns with the application.
5The Committee also heard oral submissions from the following individual:
- B. Khouri, resident, highlighted concerns about a potential increase in area traffic as a result of the development.
6Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application(s) 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.
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, planning rationale, photo of the posted sign, and a sign posting declaration.
- City Planning Report received March 14, 2024, with no concerns.
- Rideau Valley Conservation Authority email received March 12, 2024, with comments.
- Hydro Ottawa email received March 13, 2024, with no comments.
- Ministry of Transportation email received March 6, 2024, with no comments.
- B. Khouri, neighbour, email received March 18, 2024, with no comments.
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 Committee 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 “no concerns” regarding the application, highlighting that the requested variance is appropriate for the proposed development.
12The Committee also notes that no compelling evidence was presented that the variance would result in any unacceptable adverse impact on adjacent properties or the neighbourhood in general.
13Considering 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.
14The 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.
15In 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.
16Moreover, 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 plans filed, Committee of Adjustment date stamped February 12, 2024, as they relate to the requested variance.
“Fabian Poulin” FABIAN POULIN VICE-CHAIR
“Jay Baltz” JAY BALTZ MEMBER
“George Barrett” GEORGE BARRETT MEMBER
“Heather MacLean” HEATHER MACLEAN MEMBER
“Julianne Wright” JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated March 28, 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 April 18, 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