429 Ancaster Avenue
Files:
D08-01-23/B-00238, 00241 – 00243
D08-02-23/A-00227 – 00230
The applications for Consent and Minor Variances to subdivide the property into four lots for four long semi-detached dwellings, with reduced parking spaces, lot widths and frontages, rear yard setbacks and area, a shared driveway and front yard parking were both refused by Committee of Adjustment.
Committee of Adjustment stated the following with regard to the Consent:
“The Committee considered all written and oral submissions relating to the applications in making its decision and refused the applications.
The Committee notes that the City’s Planning Report recommends refusal of the applications, concluding that “studies and plans are required to ensure the serviceability of the lots which is outside of the scope and purview of a consent application and instead should be reviewed under a Zoning By-law Amendment, Plan of Subdivision and Plan of Condominium.”
Based on the evidence, the Committee is not satisfied that the proposal is consistent with the Provincial Policy Statement that promotes efficient land use and development as well as intensification and development within built-up areas, based on local conditions. The Committee is also not satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act, including the reduced dimensions of the lots considered under Minor Variance Applications D08-02-23/A-00227 to A-00230 which were refused, or that it is in the public interest.”
With regard to the application for minor variances, the Committee of Adjustment decision stated the following:
“The Committee considered all written and oral submissions relating to the applications in making its decision and refused the applications. 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.
The Committee notes that the City’s Planning Report recommends refusal of the application, highlighting that “the variances will result in development with constrained lot sizes, inadequate separation between buildings and limited amenity area.” The report concludes that: “Minor Variance applications are not the appropriate mechanisms for the proposed development. A Major Zoning By-law Amendment to add [planned unit development] as a permitted use would be more appropriate. The PUD provisions within the Zoning By-law were created for development scenarios exactly like the one before the Committee where multiple residential buildings are proposed on the same lot with a shared driveway access and internal parking setup.”
Considering the circumstances, the Committee finds that, because the proposal would result in constrained lots that are incapable of functioning independently, the requested variances are not desirable for the appropriate development or use of the land, building or structure on the property, from a planning and public interest
point of view and relative to the 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 the proposal is not compatible with existing land use patterns in the surrounding area or the type of development contemplated for the R2F subzone, and would be more appropriately considered through a Zoning By-law Amendment application. Moreover, the Committee is not satisfied that the cumulative impact of the requested variances on abutting properties and the neighbourhood in general is minor. Failing three of the four statutory requirements, the Committee is unable to authorize the requested variances. THE COMMITTEE OF ADJUSTMENT therefore does not authorize the requested variances.”
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 NOVEMBER 2, 2023, 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/.
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. 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. If you have any questions about the appeal process, please contact the Committee of Adjustment office by calling 613-580-2436 or by email at cofa@ottawa.ca.
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.
