Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: February 14, 2025
Panel: 1 - Urban
File No: D08-02-24/A-00286
Application: Minor Variance under section 45 of the Planning Act
Applicant: G & B Investments Inc.
Property Address: 346 Roosevelt Avenue
Ward: 15 - Kitchissippi
Legal Description: Part 1 Plan of Lot 34, Registered Plan 114
Zoning: R5B
Zoning By-law: 2008-250
Hearing Date: February 5, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION:
1The Applicant wants to construct a four-storey, six-unit low rise apartment building on their property, as shown on plans filed with the Committee.
2On December 11, 2024, the Committee adjourned the hearing of the application to allow the Applicant time to apply for additional minor variances.
REQUESTED VARIANCES
3The Applicant seeks the Committee’s authorization for the following minor variances from the Zoning By-law:
a) To permit a reduced lot frontage of 15.28 metres, whereas the By-law requires a minimum lot frontage of 18 metres.
b) To permit a reduced interior side yard setback of 1.21 metres (north side), whereas the Bylaw requires a minimum interior side yard setback of 2.5 metres.
c) To permit a reduced interior side yard setback of 1.21 metres (south side), whereas the By-law requires a minimum interior side yard of 3 metres.
d) To permit a reduced lot area of 454 square metres, whereas the By-law requires a minimum lot area of 540 square metres.
4The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
5Dextor Edwards, agent for the Applicant, provided a brief overview of the application. He explained that the proposed triplex would maintain the building footprint while adding three units.
6City Planner Penelope Horn responded to the Committee’s questions regarding site functionality, highlighting that waste and bicycle storage would be internal and reduce any impact on the abutting properties.
7The Committee also heard oral submissions from the following individuals:
- N. Cheeseman, resident, raised concerns over the lack of community consultation, expressed that the proposal is not minor in nature, and that the lot is currently vacant.
- T. Gray, Chair Westboro Community Association, submitted there should be greater separation between the proposal and the neighbouring dwellings.
8Mr. Edwards confirmed that a letter from the owner explaining the intent of the application was circulated to surrounding neighbours and noted that they had reached out to the local community association but had not received a response.
9Ms. Horn confirmed the Applicant did not require a minor variance for the existing triplex, and that they had obtained a building permit. She also confirmed there is a height exception for the property of 19 metres.
10City Planner Erin O’Connell as well as owners Sean and Kurt Westwell were also present.
11Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application(s) Must Satisfy Statutory Four-Part Test
12The Committee has the power to authorize minor variances 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 variances are minor, are 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
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, letter from the owner, 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.
- N. Cheeseman, resident, email dated January 20, 2025, in opposition; email dated January 31, 2025, in opposition.
- H. Robiliard, resident, email dated January 27, 2025, in opposition; email dated January 31, 2025, in opposition.
- S. Morris, resident, email dated January 28, 2025, in opposition.
- C. Napier, resident, email dated January 28, 2025, in opposition; email dated February 1, 2025, in opposition; email dated February 3, 2025, in opposition.
- D. Proudfoot, resident, email dated January 31, 2025, in opposition; email dated February 2, 2025, in opposition.
- S. Burton, resident, email dated February 3, 2025, in opposition.
- T. Gray, Chair Westboro Community Association, email dated February 3, 2025, in opposition.
- J. McKibbon, resident, email dated February 3, 2025, in opposition.
Effect of Submissions on Decision
14The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
15Based on the evidence, the majority of the Committee (Member J. Blatherwick dissenting) is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
16The majority of the Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
17The majority of the Committee also notes that no compelling evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
18Considering the circumstances, the majority of 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.
19The majority of the 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.
20In addition, the majority of 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.
21Moreover, the majority of 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.
22THE COMMITTEE OF ADJUSTMENT ORDERS that the 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 17, 2024, and the elevations filed, Committee of Adjustment date stamped November 12, 2024, as they relate to the requested variances.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
Dissent "John Blatherwick" JOHN BLATHERWICK MEMBER
Absent SIMON COAKELEY MEMBER
"Arto Keklikian" ARTO KEKLIKIAN MEMBER
"Sharon Lécuyer" SHARON LÉCUYER 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
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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
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