Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
Panel: 3 - Rural
Application: Consent under section 53 of the Planning Act
Applicant: Rackal Ghattas
Property Address: 2610B River Road
Ward: 20 - Osgoode
Legal Description: Part of Lot 21, Concession 1, Geographic Township of Osgoode
Zoning: RR8
Zoning By-law: 2008-250
Heard: February 18, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to establish an easement across their property in favour of the owners of 2620A River Road.
CONSENT REQUIRED
2The Applicant seeks the Committee’s consent to grant of easement/right-of-way.
3It is proposed to establish an easement as shown on a sketch plan filed with the application. The easement land is 1.5 metres wide, is landlocked, and has an area of 46 square metres. The easement would allow access to the Rideau River in favor of the abutting property to the east known municipally as 2620A River Road.
4The property is currently subject to a Minor Variance application (File No.: D08-02- 24/A-00291).
PUBLIC HEARING
Oral Submissions Summary
5Arjan Soor and Murray Chown, agents for the Applicant, responded to the Committee’s questions. Mr. Chown clarified that the purpose of the easement was to allow pedestrian access and that a portion of the septic system for 2610B River Road was to be located under the proposed easement lands. Mr. Chown further noted that the terms of the final easement agreement would need to allow for the Owners of 2610B River Road to perform maintenance of the septic system when needed, which may temporarily impact pedestrian access.
6City Planner Luke Teeft was also present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
7Under 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
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:
Application and supporting documents, including cover letter, plans, tree information, photo of the posted sign, and a sign posting declaration.
City Planning Report received February 12, 2025, with no concerns.
Rideau Valley Conservation Authority email dated February 13,