The following decisions from the Committee of Adjustment meeting that held Tuesday, September 03, 2024.
848 Broadview Avenue
Application to subdivide the property into two separate parcels of land to create separate ownership for each half of an existing semi-detached dwelling was granted.
81 Burland
Application to construct a seven-unit low rise apartment building, as shown on the plans filed with the Committee. The existing dwelling and detached garage will be demolished. The application also requested permission to reduce parking space rate for resident parking of 0.4 spaces per dwelling unit, for a total of 3 spaces, whereas the By-law requires a parking space rate of 1.2 spaces per dwelling unit, for a total of 8 resident parking spaces.
Based on the evidence, the Committee is not satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act. This application was refused.
The Committee notes that the City’s Planning Report raises “some concerns” regarding the application, specifically with the reduction to zero visitor parking spaces. Regarding variance (c), the report highlights, “[w]hile the variance is a small reduction, it may be difficult mitigate the impacts of no designated off-street
parking space for visitors”.
Based on the circumstances, the Committee is not satisfied that sufficient evidence was presented to conclude that, from a planning and public interest point of view, the requested variances are desirable for the appropriate development or use of the land, building or structure on the property, and relative to neighbouring lands.
In addition, the Committee finds that the requested variances do not maintain the general intent and purpose of the Zoning By-law because, while intensification may be possible on the site, this proposal, including the proposed parking solution, does not represent orderly development that is compatible with surrounding uses.
Additionally, the Committee finds that the requested variances are not minor because no substantial evidence such as a parking demand study was presented demonstrating that the proposal would not create an unacceptable adverse impact on the neighbourhood.
Failing three of the four statutory tests, the Committee is unable to grant the application.
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form along with payment must be received by the Secretary-Treasurer of the Committee of Adjustment by October 3, 2024, delivered by email at cofa@ottawa.ca and/or by mail or courier to the following address:
Secretary-Treasurer, Committee of Adjustment
101 Centrepointe Drive, 4th floor
Ottawa, Ontario
K2G 5K7 The Appeal Form is available on the OLT website at https://olt.gov.on.ca/.
