COMMITTEE OF ADJUSTMENT City of Ottawa SUMMARY OF APPLICATIONS Panel 1 – November 18, 2015
NOVEMBER 18, 2015 – 1:00 pm 18 NOVEMBRE 2015 – 1300 h
COMMITTEE OF ADJUSTMENT – PANEL 1 COMITÉ DE DÉROGATION – GROUPE 1
Item File No. Name Address o Point Dossier N Nom Adresse 1. D08-02-15/A-00342 Karavidas 24 Melrose 2. D08-01-15/B-00373 to Cassone 588 & 594 Tweedsmuir D08-01-15/B-00378 3. D08-02-15/A-00349 to Cassone 588 & 594 Tweedsmuir D08-02-15/A-00354 4. D08-02-15/A-00357 Hoolihan 67 Chestnut 5. D08-02-15/A-00359 Blueprint Builds Inc. 59 Douglas Adjourned from previous Hearings Reporter d’une séance précédente 6. D08-02-15/A-00321 Huq 10 Simcoe (Adjourned from Oct. 21 Hearing)
1 MINOR VARIANCE/PERMISSION APPLICATION Under Section 45 of the Planning Act To be held on Wednesday, November 18, 2015, starting at 1:00 p.m. Ben Franklin Place, The Chamber, Main Floor, 101 Centrepointe Drive File No.: Owner(s): Location: Ward: Legal Description: Zoning: Zoning By-law:
D08-02-15/A-00342 Nick Karavidas 24-26, (24 B) Melrose Avenue 15 - Kitchissippi Lot 2125, Reg. Plan 201 R4H 2008-250 as amended
PURPOSE OF THE APPLICATION: The Owner wants to convert the existing detached dwelling into a three-unit dwelling, as well as provide two tandem parking spaces in the driveway, as shown on plans filed with the Committee. RELIEF REQUIRED: In order to proceed, the Owner requires the Authority of the Committee for Minor Variances from the Zoning By-law as follows: a) To permit a reduced lot area of 256.6 square metres whereas the By-law requires a minimum lot area of 360 square metres. b) To permit a reduced lot width of 10.06 metres whereas the By-law requires a minimum lot width of 12 metres. c) To permit a reduced front yard setback of 3.35 metres whereas the By-law requires a minimum front yard setback of 3.59 metres. d) To permit a reduced northerly side yard setback of 0.28 metres whereas the By-law requires a minimum side yard setback of 1.2 metres. e) To permit tandem parking in the driveway (two parking spaces to be located one behind the other) whereas the By-law states, in part, that parking, queuing and loading spaces and all driveways and aisles leading to those spaces must not be obstructed. f) To permit a reduced rear yard amenity area of 42 square metres (14 square metres per unit) whereas the By-law requires a minimum rear yard amenity area of 45 square metres (in this case), which is equal to 15 square metres per unit and a reduced soft landscaping area of 32 square metres (76%) whereas the By-law requires a minimum area of 36 square metres (in this case) of soft landscaping which is equal to 80% of the amenity area. THE APPLICATION indicates that the Property is not the subject of any other current application under the Planning Act.
2 CONSENT APPLICATIONS Under Section 53 of the Planning Act To be held on Wednesday, November 18, 2015, starting at 1:00 p.m. Ben Franklin Place, The Chamber, Main Floor, 101 Centrepointe Drive File Nos.: Owner(s): Location: Ward: Legal Description: Zoning:
D08-01-15/B-00373 to D08-01-15/B-00378 Tony & Anita Cassone 588 & 594 Tweedsmuir Avenue, (255-261) Avondale Avenue 15 - Kitchissippi Lots 2, 3, 4, Part Lot 5 and Part of Athlone Ave (formerly McGee Ave.) closed by Judge’s Order, Reg. Plan 371 R3R and R3R [592] S204 under Zoning By-law 2008-250 as amended by Zoning By-law 2015-228
PURPOSE OF THE APPLICATIONS: The Owners want to convey a portion of their property to the property owner to the south known municipally as 594 Tweedsmuir Avenue. Once that is completed, the Owners also want to subdivide their newly amalgamated property into six separate parcels. The existing detached dwelling and three-unit dwelling are to remain and it is proposed to construct two, two-storey semi-detached dwellings on the newly created parcels. The existing frame garage at the rear of 594 Tweedsmuir Avenue is to be demolished and the new parking space is to be relocated in the rear yard with access off of Avondale Avenue. CONSENT IS REQUIRED FOR THE FOLLOWING: In order to do this, the Owners require the Consent of the Committee for Conveyances. D08-01-15/B-00373 The severed land, which is landlocked, is shown as Parts 1 to 4 on the Draft 4R-Plan filed with the application. It will measure 30.48 metres x 13.44 metres and will contain a lot area of 410.8 square metres. This parcel will be added to the property to the south known municipally as 594 Tweedsmuir Avenue. The retained land, shown as Part 5, on said plan, will have a frontage of 13.39 metres on Tweedsmuir Avenue to a depth of 23.77 metres and will contain a lot area of 318.52 square metres. This parcel is known municipally as 588 Tweedsmuir Avenue and contains the existing three-unit dwelling.
D08-01-15/B-00374 The severed land is shown as Part 6 on the Draft 4R-Plan filed with the application. It will have a frontage of 13.39 metres on Tweedsmuir Avenue to a depth of 23.66 metres on Avondale Avenue and will contain a lot area of 317.6 square metres. This parcel is known municipally as 594 Tweedsmuir Avenue and contains the existing detached dwelling. The retained land, shown as Parts 1-4 and 7-10 on said plan, will have a frontage of 30.54 metres on Avondale Avenue to a depth of 26.88 metres and will contain a lot area of 821.8 square metres. This parcel will be known municipally as 255, 257, 259 & 261 Avondale Avenue and will contain two proposed two-storey semi-detached dwellings. D08-01-15/B-00375 to D08-01-15/B-00378 The newly amalgamated property is shown as Parts 1 to 4 and 7 to 10 on a Draft 4R-Plan filed with the applications and the separate parcels will be as follows: Application No.
Frontage
Depth
Area
Parts Municipal Address
B-00375
7.62 m
26.88 m 204.8 sq. m 4,7
255 Avondale Avenue (one half of semi-detached)
B-00376
7.62 m
26.91 m 205.1 sq. m 3,8
257 Avondale Avenue (one half of semi-detached)
B-00377
7.62 m
26.94 m 205.4 sq. m 2,9
259 Avondale Avenue (one half of semi-detached)
B-00378
7.68 m
27.01 m 206.5 sq. m 1,10
261 Avondale Avenue (one half of semi-detached)
The proposed parcels of land and semi-detached dwellings will not be in conformity with the requirements of the Zoning By-law and therefore, Applications for Minor Variances (D08-02- 15/A-00349 to D08-02-15/A-00354) have been filed and will be heard concurrently with these applications.
3 MINOR VARIANCE/PERMISSION APPLICATIONS Under Section 45 of the Planning Act To be held on Wednesday, November 18, 2015, starting at 1:00 p.m. Ben Franklin Place, The Chamber, Main Floor, 101 Centrepointe Drive File Nos.: Owner(s): Location: Ward: Legal Description: Zoning:
D08-02-15/A-00349 to D08-02-15/A-00354 Tony & Anita Cassone 588 & 594 Tweedsmuir Avenue, (255-261) Avondale Avenue 15 - Kitchissippi Lots 2, 3, 4, Part Lot 5 and Part of Athlone Ave (formerly McGee Ave.) closed by Judge’s Order, Reg. Plan 371 R3R and R3R [592] S204 under Zoning By-law 2008-250 as amended by Zoning By-law 2015-228
PURPOSE OF THE APPLICATIONS: The Owners have filed Consent Applications (D08-01-15/B-00373 to D08-01-15/B-00378) which, if approved, will have the effect of creating six separate parcels of land. It is proposed to convey a portion of their property to the property owner to the south known municipally as 594 Tweedsmuir Avenue, subdivide the property and construct two, two- storey semi-detached dwellings on these newly created parcels, as shown on plans filed with the Committee. The existing detached dwelling and three-unit dwelling are to remain. The proposed parcels and semi-detached dwellings will not be in conformity with the requirements of the Zoning By-law. RELIEF REQUIRED: In order to proceed, the Owners require the Authority of the Committee for Minor Variances from the Zoning By-law as follows: A-00349: 588 Tweedsmuir Avenue, Part 5 on Draft 4R Plan, existing three-unit dwelling Under By-law 2008-250 a) To permit a reduced lot area of 318.5 square metres, whereas the By-law requires a minimum lot area of 360 square metres. Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II) b) To permit a reduced rear yard setback of 5.76 metres whereas the By-law states that lots with a depth greater than 20 metres but less than 30 metres have a minimum rear yard setback which is a distance equal to the greater of the height of the building, or 25% of the lot depth. In this case, the minimum rear yard setback is 5.9 metres, which is 25% of the lot depth.
A-00350: 594 Tweedsmuir Avenue, Part 6 on Draft 4R Plan, existing detached dwelling Under By-law 2008-250 c) To permit a reduced lot area of 317.6 square metres, whereas the By-law requires a minimum lot area of 360 square metres. A-00351: 261 Avondale Avenue, Parts 1 & 10 on Draft 4R Plan, proposed semi-detached dwelling Under By-law 2008-250 d) To permit a reduced front yard setback of 3.2 metres whereas the By-law states that the minimum required yard setback for a yard abutting a street, for an interior lot abutting a corner lot where the dwelling on the corner lot faces a different street, is the front yard setback of the abutting residential lot that faces the same street as the affected lot which, in this case, is 4.4 metres. Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II) e) To permit a reduced rear yard setback of 6.8 metres whereas the By-law states that lots with a depth greater than 20 metres but less than 30 metres have a minimum rear yard setback which is a distance equal to the greater of the height of the building, or 25% of the lot depth. In this case, the minimum rear yard setback is 7.27 metres, which is the distance equal to the height of the building above existing average grade. A-00352: 259 Avondale Avenue, Parts 2 & 9 on Draft 4R Plan, proposed semi-detached dwelling Under By-law 2008-250 f) To permit a reduced front yard setback of 3.2 metres whereas the By-law states that the minimum required yard setback for a yard abutting a street, for an interior lot abutting a corner lot where the dwelling on the corner lot faces a different street, is the front yard setback of the abutting residential lot that faces the same street as the affected lot which, in this case, is 4.4 metres. Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II) g) To permit a reduced rear yard setback of 6.8 metres whereas the By-law states that lots with a depth greater than 20 metres but less than 30 metres have a minimum rear yard setback which is a distance equal to the greater of the height of the building, or 25% of the lot depth. In this case, the minimum rear yard setback is 7.27 metres, which is the distance equal to the height of the building above existing average grade.
A-00353: 257 Avondale Avenue, Parts 3 & 8 on Draft 4R Plan, proposed semi-detached dwelling Under By-law 2008-250 h) To permit a reduced front yard setback of 3.2 metres whereas the By-law states that the minimum required yard setback for a yard abutting a street, for an interior lot abutting a corner lot where the dwelling on the corner lot faces a different street, is the front yard setback of the abutting residential lot that faces the same street as the affected lot which, in this case, is 4.4 metres. Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II) i) To permit a reduced rear yard setback of 6.7 metres whereas the By-law states that lots with a depth greater than 20 metres but less than 30 metres have a minimum rear yard setback which is a distance equal to the greater of the height of the building, or 25% of the lot depth. In this case, the minimum rear yard setback is 7.27 metres, which is the distance equal to the height of the building above existing average grade. A-00354: 255 Avondale Avenue, Parts 4 & 7 on Draft 4R Plan, proposed semi-detached dwelling Under By-law 2008-250 j) To permit a reduced front yard setback of 3.2 metres whereas the By-law states that the minimum required yard setback for a yard abutting a street, for an interior lot abutting a corner lot where the dwelling on the corner lot faces a different street, is the front yard setback of the abutting residential lot that faces the same street as the affected lot which, in this case, is 4.4 metres. Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II) k) To permit a reduced rear yard setback of 6.7 metres whereas the By-law states that lots with a depth greater than 20 metres but less than 30 metres have a minimum rear yard setback which is a distance equal to the greater of the height of the building, or 25% of the lot depth. In this case, the minimum rear yard setback is 7.27 metres, which is the distance equal to the height of the building above existing average grade. THE APPLICATIONS indicate that the Property is the subject of the above-noted Consent applications under the Planning Act.
4 MINOR VARIANCE/PERMISSION APPLICATION Under Section 45 of the Planning Act To be held on Wednesday, November 18, 2015, starting at 1:00 p.m. Ben Franklin Place, The Chamber, Main Floor, 101 Centrepointe Drive File No.: Owner(s): Location: Ward: Legal Description: Zoning: Zoning By-law:
D08-02-15/A-00357 Harrison Hoolihan 67 Chestnut Street 17 - Capital Part of Block 170, Reg. Plan 110574 R3P 2008-250 as amended
PURPOSE OF THE APPLICATION: In May 2015 the Committee granted applications for Consent to create separate ownerships for the three properties known municipally as 63, 67 & 71 Chestnut Street. In accordance with the Committee of Adjustment Consent decision the applicant is now seeking a Minor Variance from the Zoning By-law for the existing detached garage, located in the rear yard of the property at 67 Chestnut Street, to remain in its present location. RELIEF REQUIRED: In order to proceed, the Owner requires the Authority of the Committee for a Minor Variance from the Zoning By-law to permit a reduced setback of 0.39 metres from the northerly side lot line for the existing detached garage (including eaves) whereas the By-law requires a minimum setback of 0.6 metres from an interior side lot line for an accessory building. THE APPLICATION indicates that the Property is not the subject of any other current application under the Planning Act.
5 MINOR VARIANCE/PERMISSION APPLICATION Under Section 45 of the Planning Act To be held on Wednesday, November 18, 2015, starting at 1:00 p.m. Ben Franklin Place, The Chamber, Main Floor, 101 Centrepointe Drive File No.: Owner(s): Location: Ward: Legal Description: Zoning: Zoning By-law:
D08-02-15/A-00359 Blueprint Builds Inc. 59 Douglas Avenue 13 - Rideau-Rockcliffe Lot 48, Reg. Plan M43 R3P 2008-250 as amended
PURPOSE OF THE APPLICATION: In May 2015 the Committee granted an Application for Minor Variances for this property. A building permit has been obtained for the three-storey, three-unit dwelling currently under construction. The Owner is reapplying and has revised its plans in order to construct a rooftop terrace as shown on plans filed with the Committee. RELIEF REQUIRED: In order to proceed, the Owner requires the Authority of the Committee for Minor Variances from the Zoning By-law as follows: a) To permit a reduced rear yard setback of 19.69% of the lot depth or 6.0 metres whereas the By-law states that a rear yard setback must be a minimum of 25% of the lot depth or, in this case, 7.62 metres, however it need not exceed 7.5 metres.
b) To permit a reduced rear yard area of 19.69% of the lot area or 73.16 square metres whereas the By-law requires a minimum rear yard area of 25% of the lot area or, in this case, 92.9 square metres. c) To permit tandem parking in the driveway (two parking spaces to be located one behind the other) whereas the By-law states, in part, that parking, queuing and loading spaces and all driveways and aisles leading to those spaces must not be obstructed. THE APPLICATION indicates that the Property is not the subject of any other current application under the Planning Act.
6 (Adjourned from Oct. 21 to Nov. 18) MINOR VARIANCE/PERMISSION APPLICATION Under Section 45 of the Planning Act To be held on Wednesday, October 21, 2015, starting at 1:00 p.m. Ben Franklin Place, The Chamber, Main Floor, 101 Centrepointe Drive File No.: Owner(s): Location: Ward:
D08-02-15/A-00321 Farah Huq 10 Simcoe Street 17 - Capital
Legal Description: Zoning: Zoning By-law:
Part of Lots 56 and 57, Reg. plan 97162 R3P 2008-250
PURPOSE OF THE APPLICATION: The Owner wants to demolish the existing one-storey dwelling and construct a three-storey detached dwelling on this property, as shown on plans filed with the Committee. RELIEF REQUIRED: In order to proceed, the Owner requires the Authority of the Committee for a Minor Variance from the Zoning By-law to permit reduced front yard setback of 3.55 metres whereas the By-law requires a minimum front yard setback to be the average of the existing front yard setbacks of the abutting lots on which the buildings front the same street. In this case, the application indicates that the average front yard setback is 4.52 metres. THE APPLICATION indicates that the Property is not the subject of any other current application under the Planning Act.
