777 Somerset St. Inc., 2024 CanLII 149609

DECISION

CONSENT/SEVERANCE

Date of Decision: March 1, 2024

Panel: 2 - Suburban

File Nos.: D08-01-23/B-00332 to B-00338 & D08-01-24/B-00001

Application: Consent under Section 53 of the Planning Act

Owner/Applicant: 777 Somerset St. Inc.

Property Address: 1303, 1303A, 1305, 1307, 1309, 1311, 1313 and 1313A Coldrey Avenue

Ward: 16 - River

Legal Description: Part of Block 2, Registered Plan 221

Zoning: R3A

Zoning By-law: 2008-250

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

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

1The Owner wants to subdivide the existing 8-unit townhouse building into 8 separate parcels of land, with shared access and parking at the rear.

2The Owner requires the Committee’s consent to sever and to establish easements/rights-of-way. The property is shown as Parts 1 to 38 on a Draft 4R- Plan filed with the applications and the separate parcels will be as follows:

Table 1 Proposed Parcels

File No.	Frontage	Depth	Area	Part No.	Municipal Address
B-00332	9.21 m	35.66 m	323 sq. m	32 to 38	1303 Coldrey Avenue
B-00333	4.96 m	35.66 m	173 sq. m	27 to 31	1303A Coldrey Avenue
B-00334	4.83 m	35.66 m	174 sq. m	22 to 26	1305 Coldrey Avenue
B-00335	5.02 m	35.67 m	174 sq. m	17 to 21	1307 Coldrey Avenue
B-00336	4.83 m	35.67 m	175 sq. m	12 to 16	1309 Coldrey Avenue
B-00337	4.88 m	35.67 m	169 sq. m	7 to 11	1311 Coldrey Avenue
B-00338	4.93 m	30.38 m	149 sq. m	4 to 6	1313 Coldrey Avenue
B-00001	9.41 m	30.39 m	287 sq. m	1 to 3	1313A Coldrey Avenue

It is also proposed to establish reciprocal easements/rights-of-way over the separate parcels, as follows:

1303 Coldrey Avenue

Rights-of-way over Parts 33, 34, 37 and 38 for access
Easement over Parts 34 and 38 for hydro service
Easement over Part 35 for visitor parking

1303A Coldrey Avenue

Rights-of-way over Parts 28 and 29 for access
Easement over Part 29 34 for hydro service
Easement over Part 30 for visitor parking

1305 Coldrey Avenue

Rights-of-way over Parts 23 and 24 for access
Easement over Part 24 for hydro service
Easement over Part 25 for visitor parking

1307 Coldrey Avenue

Rights-of-way over Parts 18 and 19 for access
Easement over Part 19 for hydro service
Easement over Part 20 for visitor parking

1309 Coldrey Avenue

Rights-of-way over Parts 13 and 14 for access
Easement over Part 14 for hydro service
Easement over Part 15 for visitor parking

1311 Coldrey Avenue

Rights-of-way over Parts 8 and 9 for access
Easement over Part 9 for hydro service
Easement over Part 10 for visitor parking

1313 Coldrey Avenue:

Rights-of-way over Parts 5 and 6 for access
Easement over Part 6 for hydro service

1313A Coldrey Avenue:

Rights-of-way over Parts 1 and 3 for access
Easement over Part 3 for hydro service

3Approval of these applications will have the effect of creating separate parcels of land that will not be in conformity with the requirements of the Zoning By-law and therefore, minor variance applications (File Nos. D08-02-23/A-00309 to A-00314) have been filed and will be heard concurrently with this these applications.

PUBLIC HEARING

Oral Submissions Summary

4Erin Duncan, Agent for the Applicant, responded to questions from the Committee, and provided a slide presentation, a copy of which is on file with the Secretary- Treasurer and available from the Committee Coordinator upon request. Ms. Duncan indicated that she agreed with the City’s requested conditions of consent.

5Ms. Duncan also confirmed that the easement highlighted in the public hearing notice regarding 1303A Coldrey Avenue should be corrected as follows:

1303A Coldrey Avenue

Easement over Part 29 34 for hydro service

6City Planner Siobhan Kelly was present.

7Following the public hearing, the Committee reserved its decision.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Application(s) Must Satisfy Statutory Tests

8Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Policy Statement and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):

Criteria

(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,

a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;

b) whether the proposed subdivision is premature or in the public interest;

c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;

d) the suitability of the land for the purposes for which it is to be subdivided;

d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;

f) the dimensions and shapes of the proposed lots;

g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;

h) conservation of natural resources and flood control;

i) the adequacy of utilities and municipal services;

j) the adequacy of school sites;

k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;

l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and

m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).

Evidence

9Evidence 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, parcel register, plans, tree information, photo of the posted sign, and a sign posting declaration.
City Planning Report received February 15, 2024, with no concerns.
Rideau Valley Conservation Authority email received February 14, 2024, with no concerns.
Hydro Ottawa email dated February 13, 2024, with conditions.

Effect of Submissions on Decision

10The Committee considered all written and oral submissions relating to the application in making its decision and granted the applications.

11The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications.

12Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Policy Statement that promotes efficient land use and development as well as intensification and redevelopment within built-up areas, based on local conditions. The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety. Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.

13THE COMMITTEE OF ADJUSTMENT therefore grants the provisional consent, subject to the following conditions, which must be fulfilled within a two-year period from the date of this Decision:

That the Owner(s) enter a Joint Use, Maintenance and Operating Agreement, at the expense of the Owner(s), setting forth the obligations between the Owner(s) and the proposed future owners. The Joint Use, Maintenance and Common Elements Agreement shall set forth the joint use and maintenance of all common elements including, but not limited to, the common party walls, common structural elements such as roof, footings, soffits, foundations, common areas, common driveways, and common landscaping.

The Owner shall ensure that the Agreement is binding upon all the unit owners and successors in title and shall be to the satisfaction of The Development Review Manager of the South Brach within Planning, Real Estate and Economic Development and City Legal Services. The Committee requires written confirmation that the Agreement is satisfactory to Planning, Real Estate and Economic Development and City Legal Services, a copy of the Agreement, and written confirmation from City Legal Services that it has been registered on title.

That the Owner (s) prepare and submit a tree planting plan showing the location(s), species, and ultimate size of two new 50 mm tree to be planted following construction, prepared to the satisfaction of the Development Review Manager of the South Branch within the Planning, Real Estate and Economic Development Department, or their designate(s).
That the Owner(s) satisfy the requirements of Hydro Ottawa with respect to the relocation of existing services or grant an easement as required, the consent to which is hereby granted, and/or enter into a Common Elements Agreement to provide each property owner with mutual access, maintenance and cost sharing responsibilities for the electrical supplies.
That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent.
That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for the conveyances and grants of easement/rights of way for which the consent is required.

“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 1, 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 21, 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.

If a major change to condition(s) is requested, you will be entitled to receive Notice of the changes only if you have made a written request to be notified.

NOTICE TO APPLICANT(S)

All technical studies must be submitted to Planning, Real Estate and Economic Development Department a minimum of 40 working days prior to lapsing date of the consent. Should a Development Agreement be required, such request should be initiated 15 working days prior to lapsing date of the consent and should include all required documentation including the approved technical studies.

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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