Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: May 16, 2025
Panel: 1 - Urban
File No.: D08-02-25/A-00019
Application: Minor Variance under section 45 of the Planning Act
Applicant: Dan Bleichman
Property Address: 97 Sweetland Avenue
Ward: 12 - Rideau-Vanier
Legal Description: Part of Lot 21, Registered Plan 42717
Zoning: R4UD [480]
Zoning By-law: 2008-250
Heard: May 7, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct an addition at the rear of the existing duplex dwelling, converting the property into a six unit, low-rise, apartment building. The new addition would contain four new dwelling units, as shown on plans filed with the Committee.
REQUESTED VARIANCES
2The Applicant seeks the Committee’s authorization for the following minor variances from the Zoning By-law:
a) To permit a reduced rear yard setback of 24.5% of the lot depth or 9.2 metres, whereas the By-law states that the minimum required rear yard setback is 30% of the lot depth, or in this case 11.28 metres.
b) To permit a reduced (southerly) interior side yard setback of 1.2 metres, whereas the By-law requires a minimum interior side yard setback of 1.5 metres.
c) To permit a reduced (northerly) interior side yard setback of 0.33 metres, whereas the By-law requires a minimum interior side yard setback of 1.5 metres.
d) To permit a 15% of the front façade to be comprised of windows, whereas the By-law requires a minimum of 25% of the front façade to be comprised of windows.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
4On March 5, 2025, the hearing of the application was adjourned to allow time for the Applicant to apply for additional minor variances.
5On April 16, 2025, the hearing of the application was further adjourned to allow time for the Applicant to submit additional planning evidence.
Oral Submissions Summary
6Dan Bleichman, the Applicant, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request.
7City Planner Dylan Geldart was also present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
8The 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 variances are minor, are 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
9Evidence 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:
Application and supporting documents, including a revised cover letter, plans, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 1, 2025, with no concerns; received April 10, 2025, with no concerns; received February 27, 2025, requesting an adjournment.
Rideau Valley Conservation Authority email received April 30, 2025, with no objections; received April 10, 2025, with no objections; received February 28, 2025, with no objections.
Hydro Ottawa email received April 4, 2025, with comments; received February 21, 2025, with comments.
Effect of Submissions on Decision
10The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
11Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
12The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
13The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
14Considering 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.
15The 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.
16In addition, the Committee finds that the requested variances maintain the general intent and purpose of the Zoning By-law because the proposal represents orderly development that is compatible with the surrounding area.
17Moreover, 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.
18THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the variances to the Zoning By-law are authorized, subject to the location and size of the proposed construction being in accordance with the site plan filed and Committee of Adjustment date stamped March 13, 2025, and the elevations drawings filed and Committee of Adjustment date-stamped January 30, 2025, as they relate to the requested variances.
Absent ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK ACTING PANEL CHAIR
"Simon Coakeley" SIMON COAKELEY MEMBER
Declared Interest 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 May 16, 2025
“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 and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on June 5, 2025.
OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal . First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.
BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.
IN PERSON – Appeal packages can be delivered to the Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person 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.
Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.
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.
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 you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal
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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