Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
Date of Decision: January 26, 2024
Panel: 3 - Rural
File Nos.: D08-01-23/B-00302 & D08-01-23/B-00303
Application: Consent under Section 53 of the Planning Act
Owners/Applicants: Jennifer and Earl Wallace
Property Address: 3200 Mackey Road
Ward: 21 – Rideau-Jock
Legal Description: Part Lots 8 and 9, Concession 3, Geographic Township of Marlborough
Zoning: RU
Zoning By-law: 2008-250
Hearing Date: January 16, 2024, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Owners want to subdivide their property into three separate parcels of land to create two new lots for future residential development.
CONSENT IS REQUIRED FOR THE FOLLOWING
2The Owners require the Committee’s consent to sever land. The property is shown on the sketch filed with the applications.
Table 1 Proposed Parcels
| File No. | Frontage | Depth | Area | Municipal Address |
|---|---|---|---|---|
| B-00302 | 60 m | 137 m | 0.82 ha | 3220 Mackey Road |
| B-00303 | 60 m | 135 m | 0.81 ha | 3210 Mackey Road |
3The retained land is shown on the sketch and will have a frontage of 86.6 metres, an irregular depth, and a lot area of 73.47 hectares. This lot contains the existing livestock barn and will be known municipally as 3200 Mackey Road.
PUBLIC HEARING
4Tracy Zander, Agent for the Applicants and City Planner Luke Teeft were present.
5There were no objections to granting these unopposed applications as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED
Applications Must Satisfy Statutory Tests
6Under 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
7Evidence considered by the Committee included all 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:
Applications and supporting documents, including cover letter, plans, parcel register, transfer-deed of land, photo of the posted sign, and a sign posting declaration.
City Planning Report received January 12, 2024, with no concerns.
Rideau Valley Conservation Authority and Ottawa Septic System Office email received January 12, 2024, with no objections.
Hydro Ottawa email received December 21, 2023, with no comments.
Hydro One email