Committee of Adjustment / Comité de dérogation
DECISION CONSENT/SEVERANCE AND MINOR VARIANCE
Panel: 1 - Urban
Application(s):
Consent under section 53 of the Planning Act
Minor Variance under section 45 of the Planning Act
Applicants: Marc and Paul Asselin
Property Address: 51 & 53 Gordon Street
Ward: 17 - Capital
Legal Description: Parts of Lots 2 & 3, Registered Plan 33446
Zoning: R3P (1474)
Zoning By-law: 2008-250
Heard: February 5, 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 to establish separate ownership for each of the existing dwellings.
CONSENT REQUIRED:
2The Applicants seek the Committee of Adjustment’s consent to sever land and for grants of easements/rights-of-way. The property is shown as Part 1 to 4 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-00266
9.24 metres
32.43 metres
297.2 sq. metres
1 and 2
51 Gordon Street (existing duplex)
B-00267
9.24 metres
32.43 metres
297.2 sq. metres
3 and 4
53 Gordon Street (existing triplex)
3It is proposed to establish the following easements:
Over Part 2 in favor of Parts 3 and 4 for vehicular and pedestrian access.
Over Part 3 in favor of Parts 1 and 2 for vehicular and pedestrian access.
4Approval of these applications will have the effect of creating a parcel of land that will not be in conformity with the requirements of the Zoning By-law and therefore, a minor variance application (File No. D08-02-24/A-00312) has been filed and will be heard concurrently with these applications.
REQUESTED VARIANCES
5The Applicants seek the Committee of Adjustment’s authorization for minor variances from the Zoning By-law as follows:
A-00312: 53 Gordon Street, Parts 3 & 4 on 4R-Draft Plan, Existing Triplex:
a) To permit a reduced lot width of 9.24 metres, whereas the By-law requires a minimum lot width of 12 metres.
b) To permit a reduced lot area of 297.2 square metres, whereas the By-law requires a minimum lot area of 360 square metres.
c) To permit a reduced northerly interior side yard setback of 1.13 metres, whereas the By-law requires a minimum interior side yard setback of 1.2 metres.
PUBLIC HEARING
Oral Submissions Summary
6Marc and Paul Asselin, the Applicants, and City Planner Penelope Horn were present.
7There were no objections to granting these unopposed applications as part of the Panel’s fast-track consent agenda.
Evidence
8Evidence 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 abstract, photo of the posted sign, and a sign posting declaration.
City Planning Report received January 30, 2025, with no concerns.
Rideau Valley Conservation Authority email dated January 27, 2025, with no concerns.
Hydro Ottawa email dated January 24, 2025, with comments.
Ontario Ministry of Transportation email dated January 22, 2025, with no comments.
DECISION AND REASONS OF THE COMMITTEE:
CONSENT APPLICATIONS GRANTED
MINOR VARIANCE APPLICATION GRANTED
Consent Application Must Satisfy Statutory Tests
9Under 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 Application Must Satisfy Statutory Four-Part Test
10The 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
11The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications.
12The Committee notes that the City’s Planning Report raises “no concerns” regarding the consent applications, subject to the requested conditions agreed to by the Applicants.
13Based 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.
14The 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.
15Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
16Moreover, 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.
17Based on the evidence, the Committee is also satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
18The Committee notes that the City’s Planning Report raises “no concerns” regarding the minor variance application, highlighting that, “[T]he associated consent applications are to legalize an existing and previously separate lot situation.”
19The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
20Considering 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.
21The 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.
22In 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.
23Moreover, 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.
24THE COMMITTEE OF ADJUSTMENT ORDERS that the consent applications are granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this order.
25THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the minor variance 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 plans filed, Committee of Adjustment date stamped December 18, 2024, as they relate to the requested variances.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
Absent SIMON COAKELEY MEMBER
"Sharon Lécuyer" SHARON LÉCUYER MEMBER
"Arto Keklikian" ARTO KEKLIKIAN MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated February 14, 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 March 6, 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”.
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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
APPENDIX A
The Owner(s) provide evidence that the accompanying minor variance applications (D08-02-24/A-00312) have been approved, with all levels of appeal exhausted.
That the Owner(s) provide evidence, to the satisfaction of the Manager of the Development Review All Wards Branch and Chief Building Official, or their designate, that each existing parcel has its own independent storm, sanitary and water services connected to City infrastructure and that these services do not cross the proposed severance line. If they do cross or are not independent, the Owner(s) will be required, at their own cost, to relocate the existing services or construct new services from the City sewers/watermain. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
That the Owner(s) provide proof 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, delineating the existing and proposed grades for both the severed and retained lands has been provided to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
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 a conveyance and grant of easements/rights of way for which the Consent is required.