Committee of Adjustment

Comité de dérogation

DECISION CONSENT/SEVERANCE AND MINOR VARIANCE

Date of Decision: April 11, 2025

Panel: 2 - Suburban

File Nos.: D08-01-25/B-00031 D08-02-25/A-00045 & D08-02-25/A-00046

Applications: Consent under section 53 of the Planning Act Minor Variances under section 45 of the Planning Act

Applicants: Lorenzo Cavaliere and Diana Vigliotti

Property Address: 1094 Normandy Crescent

Ward: 16 - River

Legal Description: Part of Lot 98, Registered Plan 455

Zoning: R2F

Zoning By-law: 2008-250

Heard: April 1, 2025, in person and by videoconference

APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATIONS

1The Applicants want to subdivide their property into two separate parcels of land for the construction of two detached dwellings. The existing dwelling, detached garage and shed will be demolished.

CONSENT REQUIRED:

2The Applicants seek the Committee’s consent to sever land.

3The property is shown as Parts 1 to 4 on a Draft 4R-plan filed with the applications.

4The severed land, Parts 2 and 4 on the Draft 4R-Plan, will have a frontage of 8.25 metres, a depth of 62.66 metres, and contain a lot area of 518.4 square metres. This property will be known municipally as 1092 Normandy Crescent.

5The retained land, Parts 1 and 3 on the said plan, will have a frontage of 8.25 metres, a depth of 61.21 metres, and contain a lot area of 506.4 square metres. This property will be known municipally as 1094 Normandy Crescent.

6The consent application indicates that the property is subject to existing easement as set out in instrument number CR649123.

7Approval of the consent application will have the effect of creating separate parcels of land, which along with the proposed development, will not be in conformity with the requirements of the Zoning By-law and therefore, minor variance applications (File No.: D08-02-25/A-00045 & D08-02-25/A-00046) have been filed and will be heard concurrently with the consent application.

REQUESTED VARIANCES

8The Applicants seek the Committee’s authorization for the following minor variances from the Zoning By-law:

A-00045: 1094 Normandy Crescent, Parts 1 and 3 on Draft 4R-Plan, proposed detached dwelling:

a) To permit a reduced lot width of 8.15 metres, whereas the By-law requires a minimum lot width of 15 metres.

b) To permit a reduced total interior side yard setback of 1.8 metres, with one side being 0.6 metres, whereas the By-law requires a total interior side yard setback of 3 metres, with one side no less than 1.2 metres.

A-00046: 1092 Normandy Crescent, Parts 2 and 4 on Draft 4R-Plan, proposed detached dwelling:

c) To permit a reduced lot width of 8.15 metres, whereas the By-law requires a minimum lot width of 15 metres.

d) To permit a reduced total interior side yard setback of 1.8 metres, with one side being 0.6 metres, whereas the By-law requires a total interior side yard setback of 3 metres, with one side no less than 1.2 metres.

9The property is not the subject of any other current application under the Planning Act.

PUBLIC HEARING

Oral Submissions Summary

10Nico Church, agent for 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. Responding to the Committee’s questions, Mr. Church confirmed that no new easements are proposed. He further confirmed that no additional dwelling units are proposed. Mr. Church also stated that a preliminary grading and drainage plan had been drafted and is a requirement of provisional consent, as noted in the City’s Planning Report.

11City Planner Elizabeth King, and Lorenzo Cavaliere, one of the Applicants, were also present.

12Following the public hearing, the Committee reserved its decision.

Evidence

13Evidence 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, tree information report, photo of the posted sign, and a sign posting declaration.

• City Planning Report received March 27, 2025, with no concerns.

• Rideau Valley Conservation Authority email dated March 26, 2025, with no objections.

• Hydro Ottawa email dated March 21, 2025, with comments.

• Ontario Ministry of Transportation email dated March 25, 2025, with comments.

• Ottawa-Carleton District School Board email dated March 19, 2025, with comments.

• Ottawa International Airport Authority email dated March 19, 2025, with comments.

• Councilor Riley Brockington email dated March 26, 2025, with comments.

• Y. Paquette and C. Douglas O’Brien, Carleton Heights Area Residents Association, email dated March 27, 2025, with concerns.

• C. Douglas O’Brien, resident, email dated March 27, 2025, with concerns.

• L. Morton, resident, email dated March 28, 2025, in opposition.

• R. Ianni-Lucio, resident, email dated March 29, 2025, in support.

DECISION AND REASONS OF THE COMMITTEE:

• CONSENT APPLICATION GRANTED

• MINOR VARIANCE APPLICATIONS GRANTED

Consent Application Must Satisfy Statutory Tests

14Under 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).

Minor Variance Applications Must Satisfy Statutory Four-Part Test

15The 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.

Effect of Submissions on Decision

16The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications.

17The Committee notes that the City’s Planning Report raises “no concerns” regarding the consent applications, subject to the requested conditions agreed to by the Applicant’s agent.

18Based on the evidence, the Committee is satisfied that the proposed consent 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.

19The 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.

20Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

21Moreover, 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.

22Based on the evidence, the majority of the Committee (Member H. Maclean dissenting on variances b) and d)) is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.

23The Committee also notes that no compelling evidence was presented that the requested variances would result in any unacceptable adverse impact on neighbouring properties.

24Considering 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.

25The 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.

26In 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.

27Moreover, 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.

28THE COMMITTEE OF ADJUSTMENT THEREFORE ORDERS that the consent

application is granted and provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.

29THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the minor variance applications are 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 plans filed, Committee of Adjustment date stamped February 19, 2025, as they relate to the requested variances.

"Fabian Poulin" FABIAN POULIN VICE-CHAIR

"Jay Baltz" JAY BALTZ MEMBER

"George Barrett" GEORGE BARRETT MEMBER

"Heather MacLean" (with noted dissent) HEATHER MACLEAN MEMBER

Absent JULIANNE WRIGHT MEMBER

I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated April 11, 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 May 1, 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

NOTICE TO APPLICANTS

Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.

Ce document est également offert en français.

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

APPENDIX “A”

1. The Owner(s) provide evidence that the accompanying minor variance applications (D08-02-25/A-00045 & D08-02-25/A-00046) have been approved, with all levels of appeal exhausted.

2. That the Owner(s) provide proof that payment has been made to the City of Ottawa for cash-in-lieu of the conveyance of land for park or other public recreational purposes, plus applicable appraisal cost. The value of the land otherwise required to be conveyed shall be determined by the City of Ottawa in accordance with the provisions of By-Law No. 2022-280, as amended.

3. That the Owner(s) provide evidence to the satisfaction of both the Chief Building Official and Development Review Manager, Planning, Development and Building Services Department, or designates, that both severed and retained parcels have their own independent water, sanitary and storm connection as appropriate, and that these services do not cross the proposed severance line and are connected directly to City infrastructure. Further, the Owner(s) shall comply to 7.1.5.4(1) of the Ontario Building Code, O. Reg. 332/12 as amended. If necessary, a plumbing permit shall be obtained from Building Code Services for any required alterations.

4. That the Owner(s) shall:

a. Prepare a noise attenuation study in compliance with the City of Ottawa Environmental Noise Control Guidelines to the satisfaction of the Development Review All Wards Manager, Planning, Development and Building Services Department, or his/her designate. The Owner(s) shall also enter into an agreement with the City that requires the Owner to implement any noise control attenuation measures recommended in the approved study. The Agreement will also deal with any covenants/notices recommended in the approved study, that shall be registered on the title and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Agreement shall be to the satisfaction of the Development Review All Wards Manager, Planning, Development and Building Services Department, or his/her designate. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

or

b. Design the dwelling units with central air conditioning and enter into an Agreement with the City, at the expense of the Owner, which is to be registered on title to deal with the covenants/ notices that will bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title. The following two conditions will be included in the above-noted Agreement.

Notices-on-Title respecting noise:

i. Design the dwelling units with central air conditioning and enter into an Agreement with the City, at the expense of the Owner, which is to be registered on title to deal with the covenants/ notices that will bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title. The following two conditions will be included in the above-noted Agreement.

ii. Design the dwelling units with central air conditioning and enter into an Agreement with the City, at the expense of the Owner, which is to be registered on title to deal with the covenants/ notices that will bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title. The following two conditions will be included in the above-noted Agreement.

5. That the Owner(s) shall provide evidence that a grading and drainage plan, prepared by a qualified Civil Engineer licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, has been submitted to the satisfaction of Development Review All Wards Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate to be confirmed in writing from the Department to the Committee. The grading and drainage plan shall delineate existing and proposed grades for both the severed and retained properties, to the satisfaction of Development Review All Wards Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.

6. That the Owner(s) enter into a resurfacing agreement with the City to the satisfaction of the Program Manager, Right of Way Branch within Planning, Development and Building Services Department, or their designate, and provide financial security in accordance with the Road Activity By-law, as amended, to install an asphalt overlay over the roadway surface of Normandy, fronting the subject lands, to the limits shown on the approved Site Servicing Plan. Where the approved Site Servicing Plan demonstrates that resurfacing is not required based on the City’s Road Cut Resurfacing Policy, the Development Review Manager of the All-Wards Branch within Planning, Development and Building Services Department, or their designate, shall deem this condition satisfied.

7. That the Owner/Applicant(s) provide a revised site and grading plan with the locations of proposed elements (buildings, driveways, services, grading, etc.) designed to reduce any excavation within the Critical Root Zones of protected trees and/or to provide sufficient soil volume to plant new trees, to the satisfaction of the Manager of the relevant Branch within the Planning, Building, Development Department, or their designate(s). The Tree Information Report must be revised to reflect changes to the site plan and to show the accurate tree protection areas and mitigation measures.

8. That the Owner/Applicant(s) provide a signed letter of permission from the owner(s) of identified adjacent or boundary tree(s), for the proposed removal or operations impacting the tree(s). The owner/applicant(s) acknowledge(s) that a tree removal permit cannot be issued without the permission of all owners of a tree, and that the development plan must be revised to allow for the retention and protection of the adjacent or boundary trees if this letter cannot be produced.

9. That the Owner/Applicant(s) provide a tree planting plan, prepared to the satisfaction of the Manager of the relevant Branch within the Planning, Building, Development Department, or their designate(s), showing the location(s) and species or ultimate size of at least one new tree (50 mm caliper) per lot, in addition to any compensation trees required under the Tree Protection By-law.

10. That the Owner(s) satisfy the requirements of Hydro Ottawa with respect to the relocation of the existing overhead services or grant an easement as required, the consent to which is hereby granted.

11. 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.

12. 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 a severance for which the Consent is required.