Committee of Adjustment / Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Date of Decision: March 1, 2024
Panel: 1 - Urban
File No(s).: D08-02-24/A-00011
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): Mirza Kanani and Larissa Satta
Property Address: 95 Marlowe Crescent
Ward: 17 – Capital
Legal Description: Part of Lots 64 & 65 Registred Plan 4M-45
Zoning: R1TT
Zoning By-law: 2008-250
Hearing Date: February 21, 2024, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owners want to construct a second storey addition over the existing one-storey portion at the rear of the dwelling, as shown on plans filed with the Committee.
REQUESTED VARIANCES
2The Owners/Applicants require the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced corner side yard setback (Marlowe Crescent and Belgrave Road) of 1.14 metres, whereas the By-law requires a minimum corner side yard setback of 3 metres.
PUBLIC HEARING
Oral Submissions Summary
3The Owners/Applicants Mirza Kanani and Larissa Satta, and City Planner Margot Linker were present.
4There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
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, a photo of the posted sign, and a sign posting declaration.
- City Planning Report received February 16, 2024, with no concerns.
- Rideau Valley Conservation Authority email received February 14, 2024, with no objections.
- Hydro Ottawa email received February 14, 2024, with no comments.
- Ministry of Transportation email received February 14, 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 variance meets 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 “the addition will utilize the same building wall locations as the first storey below, and maintains a low-rise built form that exists within the vicinity of the site.
10The Committee also notes that no evidence was presented that the variance 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 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.
12The 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 neighbourhood.
13In 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 on the property that is compatible with the surrounding area.
14Moreover, 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.
15THE 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 January 12, 2024, as they relate to the requested variance.
“Ann M. Tremblay” ANN M. TREMBLAY CHAIR
“John Blatherwick” JOHN BLATHERWICK MEMBER
“Simon Coakeley” 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 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/](https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Folt.gov.on.ca%2F&data=04%7C01%7Cmandy.nguyen%40ottawa.ca%7C4a402e587dca4eec381008d92a9c13e2%7Cdfcc033ddf874c6ea1b88eaa73f1b72e%7C0%7C0%7C637587672099325338%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=V0eM78Npg%2BE92b