Committee of Adjustment
Comité de dérogation
DECISION
CHANGE OF CONDITION
Date of Decision
February 14, 2025
Panel:
1 – Urban
D08-01-23/B-00169, D08-01-23/B-00170 and D08-01- 23/B-00173
Application:
Change of Condition under Section 53 of the Planning Act
Applicants:
Hassani Raja Mohammad Reza and Siadatmousavi Haleh
Property Address:
470 Mutual Street
Ward:
13 – Rideau-Rockcliffe
Legal Description:
Lot 131 and Part of Lot 130, Registered Plan 300
Zoning:
R3A
Zoning By-law:
2008-250
Heard:
February 5, 2025, in person and by videoconference
PURPOSE OF THE REQUEST
1On September 6, 2023, the Committee of Adjustment granted provisional consent for a conveyance at 470 Mutual Street.
2The Applicants request that condition number 9 requiring a noise attenuation study be amended to require a noise warning registered on title.
PUBLIC HEARING
Oral Submissions Summary
3Mohsen Ebrahimipour, agent for the Applicant, provided a brief overview of the requested change of condition and confirmed that the subject dwellings have been constructed to the drywall stage, including the foundation, framing, plumbing, HVAC and windows.
4Mr. Ebrahimipour advised that the windows that are installed do not face any potential source of environmental noise.
5City Planner Penelope Horn stated that common noise mitigation measures could still be implemented at the framing stage.
6City Planner Erin O’Connell confirmed that if the condition was maintained, the Owner would have to complete any remediation outlined in the noise study for the condition to be cleared.
7Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: REQUEST REFUSED
8The Committee considered any written and oral submissions relating to the request in making its decision and refused the request.
9Under subsection 53(23) of the Planning Act, the Committee has the power to change the conditions of a provisional consent at any time before a consent is given.
10The Committee notes that the City’s Planning Report raises “concerns” with the change of condition request, highlighting that subsection 10.2.1 of the Official Plan requires development proposals for a new noise sensitive land use to complete a noise study within 100 metres of an existing or proposed arterial road. The report also highlights that the subject property “is in close proximity to many existing noise sources, including being located approximately 33 metres away from McArthur Street, which is recognized as an arterial road and transit priority corridor, as well as within 100 metres of stationary noise sources located at 435 McArthur and 440 McArthur Ave.” Additionally, the report highlights that “[t]he proliferation of environmental noise has potential to negatively affect quality of life and human health, and the goal of environmental noise control is to provide guidance between land uses that are noise sensitive and land uses that are sources of noise.” Moreover, the report states that a condition requiring a noise study and a development agreement registered on title is recommended “to implement any recommended noise control attenuation measures and also deal with any covenants/notices recommended in the approved study.”
11Based on the evidence, the Committee is satisfied that condition 9 as imposed in its September 15, 2023, decision is both reasonable and necessary because it conforms with the City’s Official Plan policies relating to environmental noise control and noise attenuation measures that may be required further to a noise study
12THE COMMITTEE OF ADJUSTMENT ORDERS that the change of condition request is refused.
"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
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