Committee of Adjustment
Comité de dérogation
DECISION CONSENT/SEVERANCE AND MINOR VARIANCE
January 24, 2025
Panel:
1 - Urban
D08-01-24/B-00259 & D08-01-24/B-00260 D08-02-24/A-00304 & D08-02-24/A-00305
Applications:
Consent under section 53 of the Planning Act
Minor Variances under section 45 of the Planning Act
Applicants:
Anne and Wolfgang Illing
Property Address:
160 Clemow Avenue
Ward:
17 - Capital
Legal Description:
Part of Lot 37, Plan 4M-8
Zoning:
R1MM
Zoning By-law:
2008-250
Heard:
January 15, 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 create one new lot for the construction of a three-storey detached dwelling, as shown on plans filed with the Committee. The existing dwelling will remain, with the carport and shed demolished.
CONSENT REQUIRED:
2The Applicants seek the Committee of Adjustment’s consent to sever land and grant of easement/right-of-way. The property is shown as Parts 1 through 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-00259
12.80 m
33.53 m
429.2 sq. m
1 & 2
160 Clemow Ave (existing dwelling)
B-00260
10.06 m
33.53 m
337.3 sq. m
3 & 4
158 Clemow Ave (proposed dwelling)
It is proposed to establish easements/rights-of-ways as follows:
Over Part 2, in favor of Parts 3 and 4 for access and maintenance.
Over Part 3, in favor of Parts 1 and 2 for access and maintenance.
REQUESTED VARIANCES
3The Applicants seeks the Committee of Adjustment’s authorization for minor variances from the Zoning By-law as follows:
A-00304: 160 Clemow Avenue, (existing dwelling) Parts 1 and 2 on draft 4R-Plan:
a) To permit a reduced lot width of 12.80 metres, whereas the By-law requires a minimum lot width of 15 metres.
b) To permit a reduced lot area of 429.2 square metres, whereas the By-law requires a minimum lot area of 450 square metres.
c) To permit an increased shared driveway width of 4.3 metres, whereas the By- law permits a maximum shared driveway width of 3.0 metres.
d) ​ To permit a reduced distance of 0.55 metres for an accessory structure from
the dwelling for a proposed garage, whereas the By-law permits a minimum
distance of 1.2 metres from an accessory structure and any other building
located on the same lot.
A-00305: 158 Clemow Avenue, Parts 3 and 4 on draft 4R-Plan:
e) To permit a reduced lot width of 10.06 metres, whereas the By-law requires a minimum lot width of 15 metres.
f) To permit a reduced lot area of 337.3 square metres, whereas the By-law requires a minimum lot area of 450 square metres.
g) To permit an increased shared driveway width of 4.3 metres, whereas the By- law permits a maximum shared driveway width of 3.0 metres.
h) To permit a reduced interior side yard setback of 0.75 metres, whereas the By- law requires a minimum interior side yard setback of 1.2 metres.
i) To permit an increased eaves projection of 0.14 metres to an interior side lot line, whereas the By-law permits a maximum eaves projection not closer than
0.3 metres to a lot line.
PUBLIC HEARING
4Prior to the hearing, the Committee received an adjournment request from Debbie Bellinger, acting as agent for O. and P. Semple, neighbours, to allow time to review a prior Heritage permit and due to the perceived lack of notice.
5Brian Casagrande, agent for the Applicants, summarized the process to obtain the Heritage permit, and confirmed that notice of that process was provided to the neighbours. City Planner’s Penelope Horn and Erin