Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
January 24, 2025
Panel:
2 - Suburban
D08-02-24/A-00274
Application:
Minor Variances under section 45 of the Planning Act
Applicant:
Robert and Madison Cavanagh
Property Address:
28 Gervin Street
Ward:
9 – Knoxdale-Merivale
Legal Description:
Part of Lot 24, Concession 1 (Rideau Front), former Township of Nepean
Zoning:
R1E [1722]
Zoning By-law:
2008-250
Hearing Date:
January 14, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to renovate the existing one-storey, detached dwelling, including the demolition of the existing attached garage and the construction of a new attached garage and second-storey addition, as shown on the plans filed with the Committee.
2At its hearing on November 19, 2024, the Committee adjourned the application to allow the Applicants time to apply for an additional minor variance.
REQUESTED VARIANCES
3The Applicants seek the Committee’s authorization for the following minor variances from the Zoning By-law:
a) To permit the entrance to the garage to be 2.4 metres closer to the front lot line than the principal entrance to the dwelling, whereas the By-law requires the entrance to the garage to be set back a minimum of 0.6 metres further from the lot line than either principal entrance or the front edge of a landing or porch.
b) To permit the entrance to the garage to be 2.4 metres closer to the front lot line than the principal entrance to the dwelling, whereas the By-law permits the entrance to the garage to be a maximum of 0.6 metres closer to the front lot line than the entrance to the principal dwelling.
c) To permit an increased driveway width of 10.05 metres, narrowing to 6 metres at the street, whereas the By-law permits a maximum driveway width of 6 metres.
4The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
5Robert Cavanagh, one of the Applicants, and City Planner Nivethini Jekku Einkaran we present.
6There 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
7The 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
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 report, photo of the posted sign, and a sign posting declaration.
City Planning Report received January 9, 2025, with no concerns; received November 14, 2024, requesting adjournment.
Rideau Valley Conservation Authority email received January 9, 2025, with no objections; received November 14, 2024, with no comments.
Hydro Ottawa email received January 13, 2025, with comments; received November 4, 2024, with comments.
Ontario Ministry of Transportation email received December 27, 2024, with no comments; received November 5, 2024, with no comments.
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
10Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
11The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that “though staff have no concerns with the increased driveway width, staff recommend providing landscaped buffers to minimize the visual impact of the wide driveway”.
12The Committee also notes that no evidence was presented that the requested variances would result in any unacceptable adverse impact on neighbouring properties.
13Considering the circumstances, 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.
14The 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.
15In addition, 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.
16Moreover, 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.
17THE 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 November 27, 2024, as they relate to the requested variances.
"Fabian Poulin" FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ MEMBER
"George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" HEATHER MACLEAN MEMBER
"Julianne Wright" JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated January 24, 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 February 13, 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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