Committee of Adjustment

Comité de dérogation

DECISION

MINOR VARIANCE / PERMISSION

Date of Decision: March 28, 2024

Panel: 1 - Urban

File No.: D08-02-24/A-00017

Application: Minor Variance under section 45 of the Planning Act

Owner/Applicant: 2250276 Ontario Inc.

Property Address: 370 Cambridge Street N.

Ward: 14 - Somerset

Legal Description: Lot 15, Plan 33 (S of Stone Boundary) W. Cambridge Street N.

Zoning: R4UD

Zoning By-law: 2008-250

Hearing Date: March 20, 2024, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION

1The Owner wants to construct a four-storey, 20-unit, low-rise apartment building, as shown on plans filed with the Committee. The existing townhomes will be demolished.

REQUESTED VARIANCES

2The Owner requires the Committee’s authorization for minor variances from the Zoning By-law as follows:

a) To permit three motor vehicle parking spaces, whereas the By-law requires a minimum of four motor vehicle parking spaces.

b) To permit no visitor parking spaces, whereas the By-law requires a minimum of one visitor parking space.

PUBLIC HEARING

Oral Submissions Summary

3Mike Segreto, Agent for the Owner, confirmed the dimensions of the proposed parking spaces are compliant with the Zoning By-law and include a separate walkway.

4City Planner Margot Linker was also in attendance.

DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED

Application 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, parcel abstract, 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 no objections.

• Hydro Ottawa email received March 13, 2024, with no objections.

• Ministry of Transportation email received March 6, 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 variances meet 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, highlighting that “[i]t is the intent for development within the Downtown Core Transect to prioritize travel by walking, cycling, and transit.” The report further highlights that “[u]rban greening is encouraged in the transect to reduce the urban heat island effect. By reducing the number of parking spaces required, more of the lot can be dedicated to soft landscaping and help achieve the aforementioned”.

10The Committee also notes that no evidence was presented that the variances 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 variances are, 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 variances maintain the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.

13In addition, the Committee finds that the requested variances maintain the general intent and purpose of the Zoning By-law because they represent orderly development that is compatible with the surrounding area.

14Moreover, the Committee finds that the requested variances, both individually and cumulatively, are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.

15THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances, subject to the location and size of the proposed construction being in accordance with the site plan filed, Committee of Adjustment date stamped February 5, 2024, and the elevations filed, Committee of Adjustment date stamped January 29, 2024, as they relate to the requested variances.

“Ann M. Tremblay” ANN M. TREMBLAY CHAIR

“John Blatherwick” JOHN BLATHERWICK MEMBER

Absent SIMON COAKELEY MEMBER

“Arto Keklikian” ARTO KEKLIKIAN MEMBER

“Sharon Lécuyer” SHARON LÉCUYER 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.

This document is also available in English.

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