Committee of Adjustment

Comité de dérogation

Date of Decision:

March 28, 2025

2 - Suburban

D08-02-25/A-00020 to A-00023

Minor Variance under section 45 of the Planning Act

10892858 Canada Inc.

1460 Baseline Road

8 - College

Part of Lots 2637, 2638, 2639 and 2640, Registered

Plan 375 R2F 2008-250

March 18, 2025, in person and by videoconference

Panel:

File Nos.:

Application:

Applicant:

Property Address:

Ward:

Legal Description:

Zoning:

Zoning By-law:

Heard:

1The Applicant wants to construct two semi-detached dwellings, with one principal dwelling unit and two additional dwelling units on of each of Lots 2637, 2638, 2639 and 2640, as shown on plans filed with the applications. The existing dwelling will be demolished.

REQUESTED VARIANCES

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

A-00020: 1460 Baseline Road, Lot 2639, Plan 375, Unit 3, Part 3, proposed semi-detached dwelling:

a) To permit a reduced lot width of 7.62 metres, whereas the By-law requires a minimum lot width of 9 metres.

b) To permit a reduced lot area of 259.47 square metres, whereas the By-law requires a minimum lot area of 270 square metres.

c) To permit a reduced rear yard setback of 7 metres (21% of the lot depth), whereas the By-law requires a minimum rear yard setback of 10.2 metres (30% of the lot depth).

d) To permit a reduced rear yard area of 53.34 square metres (21% of the lot area), whereas the By-law requires a minimum rear yard area of 64.86 square metres (25% of the lot area).

A-00021: 1460 Baseline Road, Lot 2640, Plan 375, Unit 4, Part 4, proposed semi-detached dwelling:

e) To permit a reduced lot width of 7.39 metres, whereas the By-law requires a minimum lot width of 9 metres.

f) To permit a reduced lot area of 245.47 square metres, whereas the By-law requires a minimum lot area of 270 square metres.

g) To permit a reduced rear yard setback of 7.03 metres (22% of the lot depth), whereas the By-law requires a minimum rear yard setback of 9.65 metres (30% of the lot depth).

h) To permit a reduced rear yard area of 53.27 square metres (22% of the lot area), whereas the By-law requires a minimum rear yard area of 61.36 square metres (25% of the lot area).

i) To permit a reduced interior yard setback of 1.36 metres, whereas the By-law requires a minimum interior yard setback of 1.5 metres.

A-00022: 1460 Baseline Road, Lot 2637, Plan 375, Unit 1, Part 1, proposed semi-detached dwelling

j) To permit a reduced lot width of 7.63 metres, whereas the By-law requires a minimum lot width of 9 metres.

k) To permit a reduced lot area of 258.59 square metres, whereas the By-law requires a minimum lot area of 270 square metres.

l) To permit a reduced rear yard setback of 7 metres (21% of the lot depth), whereas the By-law requires a minimum rear yard setback 10.15 metres (30% of the lot depth).

m) To permit a reduced rear yard area of 53.41 square metres (21% of the lot area), whereas the By-law requires a minimum rear yard area of 64.65 square metres (25% of the lot area).

A-00023: 1460 Baseline Road, Lot 2638, Plan 375, Unit 2, Part 2, proposed semi-detached dwelling:

n) To permit a reduced lot width of 7.62 metres, whereas the By-law requires a minimum lot width of 9 metres.

o) To permit a reduced lot area of 258.91 square metres, whereas the By-law requires a minimum lot area of 270 square metres.

p) To permit a reduced rear yard setback of 7.03 metres (21% of the lot depth), whereas the By-law requires a minimum rear yard setback 10.17 metres (30% of the lot depth).

q) To permit a reduced rear yard area of 53.56 square metres (21% of the lot area), whereas the By-law requires a minimum rear yard area of 64.72 square metres (25% of the lot area).

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

PUBLIC HEARING

Oral Submissions Summary

4Bingfeng Li and Changhong Sun, agents for the Applicant, were in attendance. Mr. Sun provided a slide presentation, a copy of which is on file with the Secretary- Treasurer and available from the Committee Coordinator upon request, in which he highlighted that the proposed buildings were located closer to the rear lot line to accommodate a future expropriation for the Baseline Bus Rapid Transit project at the front of the property.

5Responding to the Panel’s questions regarding the absence of walkways for access to the rear units, Mr. Sun explained that the main entrances to all units would be located at the front of the buildings. He also confirmed that curbs were identified on a revised site plan on file to prevent front yard parking, and that additional measures would also be considered.

6City Planner Luke Teeft confirmed that he had no concerns with the applications.

7The Committee also heard oral submissions from the following individual:

N. Wilson, City View Community Association, highlighted concerns regarding the future reduction of the front yard setbacks due to the planned expropriation, the adequacy of the parking provided, the safety impacts of driveways accessed off Baseline Road and conflicts with the future Crosstown Bikeway, the adequacy of existing infrastructure to support development, and the removal of trees.

8Following the public hearing, the Committee reserved its decision.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Application(s) Must Satisfy Statutory Four-Part Test

9The 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

10Evidence 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 report, photo of the posted sign, and a sign posting declaration.
City Planning Report received March 12, 2025, with no concerns.
Rideau Valley Conservation Authority email received March 17, 2025, with no objections.
Hydro Ottawa email received March 6, 2025, with comments.
Ontario Ministry of Transportation email received March 12, 2025, with no comments.

Effect of Submissions on Decision

11The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.

12Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.

13The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications.

14The Committee also notes that no compelling evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.

15Considering 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.

16The 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.

17In 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.

18Moreover, 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.

19THE 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 revised site plan filed and Committee of Adjustment date stamped March 17, 2025, and the elevations drawings filed and Committee of Adjustment date-stamped January 31, 2025, 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 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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Committee of Adjustment

City of Ottawa

Ottawa.ca/CommitteeofAdjustment

cofa@ottawa.ca

613-580-2436