Committee of Adjustment

Comité de dérogation

Date of Decision:

April 25, 2025

Panel:

2 - Suburban

File Nos.:

D08-02-25/A-00054 & D08-02-25/A-00055

Application:

Minor Variance under section 45 of the Planning Act

Applicants:

Rachel Levine-Katz and Sol Ackerman

Property Address:

1231 Shillington Avenue

Ward:

16 - River

Legal Description:

Lot 83, Registered Plan 314

Zoning:

R3A

Zoning By-law:

2008-250

Heard:

April 15, 2025, in person and by videoconference

1The Applicants want to construct a semi-detached dwelling with two additional dwelling units in each half, as shown on plans filed with the Committee. The existing dwelling and shed will be demolished.

REQUESTED VARIANCES

2The Applicants seek the Committee’s authorization for the following minor variances from the Zoning By-law:

A-00054: 1231 Shillington Avenue, one half of the proposed semi-detached (Side A):

a) To permit a reduced lot width of 7.34 metres, whereas the By-law requires a minimum lot width of 9 metres.

b) To permit a reduced lot area of 223.72 square metres, whereas the By-law requires a minimum lot area of 270square metres.

c) To permit a reduced front yard setback of 3.97 metres, whereas the By-law requires a minimum front yard setback of 6 metres.

A-00055: 1229 Shillington Avenue, one half of the proposed semi-detached (Side B):

d) To permit a reduced lot area of 240.79 square metres, whereas the By-law requires a minimum lot area of 270 square metres.

e) To permit a reduced lot width of 7.9 metres, whereas the By-law requires a minimum lot width of 9 metres.

f) To permit reduced corner side yard of 1.81 metres, whereas the By-law requires a minimum corner side yard of 4.5 metres.

g) To permit reduced front yard setback of 3.97 metres, whereas the By-law requires a minimum front yard setback of 6 metres.

3The property is not the subject of any other current application under the Planning Act.

PUBLIC HEARING

Oral Submissions Summary

4Peter Hume, agent for the Applicants, and City Planner Nivethini Jekku Einkaran were present.

5There were no objections to granting these unopposed applications as part of the Panel’s fast-track consent agenda.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Applications Must Satisfy Statutory Four-Part Test

6The 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

7Evidence 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, revised plans, tree information report, photo of the posted sign, and a sign posting declaration.
City Planning Report received April 10, 2025, with no concerns.
Rideau Valley Conservation Authority email dated April 10, 2025, with no objections.
Hydro Ottawa email dated April 4, 2025, with comments.

Effect of Submissions on Decision

8The Committee considered all written and oral submissions relating to the application in making its decision and granted the applications.

9Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.

10The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications.

11The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.

12Considering 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.

13The 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.

14In 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.

15Moreover, 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.

16THE COMMITTEE OF ADJUSTMENT ORDERS that the applications are 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 elevations filed, Committee of Adjustment date stamped March 4, 2025, and the revised site plan filed, Committee of Adjustment date stamped April 8, 2025. as they relate to the requested variances.

Absent

FABIAN POULIN VICE-CHAIR

Absent JAY BALTZ MEMBER

"George Barrett" GEORGE BARRETT ACTING PANEL CHAIR

"Heather MacLean" HEATHER MACLEAN MEMBER

"Julianne Wright" JULIANNE WRIGHT MEMBER

"Gary Duncan" GARY DUNCAN MEMBER

I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated April 25, 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 May 15, 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

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