Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
March 28, 2025
Panel:
1 - Urban
D08-02-25/A-00017
Application:
Minor Variance under section 45 of the Planning Act
Applicant:
Thusanth Thuraisingam
Property Address:
249 Shakespeare Street
Ward:
12 - Rideau-Vanier
Legal Description:
Lot 336, Registered Plan 246
Zoning:
R4UA
Zoning By-law:
2008-250
Heard:
March 19, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a three-storey, eight-unit, low-rise apartment building, as shown on the plans filed with the Committee. The existing dwelling and garage will be demolished.
2On September 27, 2024, the Committee granted minor variance application (File No.: D08-02-24/A-00212), for the construction of the low-rise apartment building. It has since been discovered that an additional variance is required.
REQUESTED VARIANCE
3The Applicant seeks the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced corner side yard setback of 1.5 metres, whereas the By-law requires a minimum corner side yard setback of 4.5 metres.
4The subject property is not the subject of any other current application under the
Planning Act.
PUBLIC HEARING
5At the scheduled hearing on March 5, 2025, the Committee adjourned the proceeding to allow the Applicant’s agent time to consult with the City Planner regarding the need for a potential rear yard area variance. The Applicant’s agent has since confirmed that the proposed rear area complies with the requirements of the Zoning By-law, therefore no additional variance is required.
Oral Submissions Summary
6Niels Luettge, agent for the Applicant, and City Planner Penelope Horn were present.
7There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
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 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.
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 cover letter, plans, and a sign posting declaration.
City Planning Report received March 13, 2025, with no concerns; received February 27, 2025, with no concerns.
Rideau Valley Conservation Authority email dated March 14, 2025, with no objections; received February 28, 2025, with no objections.
Hydro Ottawa email dated March 6, 2025, with no concerns; received February 21, 2025, with no concerns.
Ontario Ministry of Transportation email dated March 12, 2025, with no 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 variance meets 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 variance 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 variance is, 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 variance maintains 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 variance maintains 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 variance, 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 variance to the Zoning By-law is authorized subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped February 28, 2025, as they relate to the requested variance.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
Absent
SIMON COAKELEY MEMBER
"Arto Keklikian" ARTO KEKLIKIAN MEMBER
"Sharon Lécuyer" SHARON LÉCUYER MEMBER
"George Barrett"
GEORGE BARRETT
MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated March 28, 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 April 17, 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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