Committee of Adjustment / Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Date of Decision: February 16, 2024
Panel: 1 - Urban
File No(s).: D08-02-23/A-00295
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): PSAC Holdings Ltd.
Property Address: 233 Gilmour Street
Ward: 14 – Somerset
Legal Description: Southerly Limit of Lot 4 (East Metcalfe Street) and the Southerly Limit of Lot 49 to 53 (North Gilmour Street) Registered Plan 15558
Zoning: R4UD [479]
Zoning By-law: 2008-250
Hearing Date: February 7, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to construct an entrance vestibule at the front of the existing office building, as shown on plans filed with the Committee.
REQUESTED PERMISSION
2The Owner requires the Permission of the Committee to expand a legal non-conforming office use in the R4UD zone, to permit the construction of entrance vestibule.
3The application indicates that the Property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
4Suzanne Gibson, Agent for the Applicant and City Planner Margot Linker were present.
5There were no objections to granting this unopposed application as part of the Panel’s fast-track agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Two-Part Test
6The Committee has the power to permit an extension of a legal non-conforming 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
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 a cover letter, plans, photo of the posted sign, and a sign posting declaration.
- City Planning Report received February 1, 2024, with no concerns.
- Rideau Valley Conservation Authority email received January 31, 2024, with no objections.
- Hydro Ottawa email received January 30, 2024, with comments.
- Ministry of Transportation email received February 2, 2024, with no comments.
- Ottawa-Carleton District School Board email received January 22, 2024, with 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 permission meets the two-fold test relating to desirability and impact.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the application. The report highlights that, “Staff have no concerns with the proposed vestibule addition. The vestibule addition will be 9.7 metres wide along the 126.4 metre Gilmour frontage, appearing to not impact the majority of the building façade or street frontage.”
11The Committee further notes that no evidence was presented that the proposal would create any unacceptable impact on abutting properties or the neighbourhood in general.
12Considering the circumstances, the Committee finds that because the proposal fits well within the area, the requested permission is, from a planning and public interest point of view, desirable for the appropriate use of the land, building or structure on the property, and relative to the neighbouring lands.
13The Committee also finds that the proposal will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
14THE COMMITTEE OF ADJUSTMENT therefore permits the requested enlargement or extension of the building, subject to the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped December 5, 2023,
“Ann M. Tremblay” ANN M. TREMBLAY CHAIR
“John Blatherwick” JOHN BLATHERWICK MEMBER
Absent SIMON COAKELEY MEMBER
Absent 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 February 16, 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 March 7, 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