Committee of Adjustment Summary of Applications for Feb. 3, 2010

FEBRUARY 3, 2010

COMMITTEE OF ADJUSTMENT – PANEL 1

APPLICATION FOR CONSENT

Under Section 53 of the Planning Act

File No.           D08-01-09/B-00369

Owner(s):        Julie Bradford, Gianni Farinon &

                          Luigi Farinon

Location:        178, (180 & 182) Devonshire Place

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Part Lot 16, Reg. Plan

                                       No. 152; Plan 4R-16227,

                                       Parts 1 & 2 

Zone:                           R4Q 

Zoning By-law:           2008-250

Former Municipality:             Ottawa

PURPOSE OF THE APPLICATION

The Owners want to subdivide their property into 2 separate parcels of land in order to construct a new, 3-storey semi-detached dwelling, with one half on each of the newly created parcels.  The existing dwelling located on the property is to be demolished.

CONSENT IS REQUIRED FOR THE FOLLOWING

In order to proceed, the Owners require the Consent of the Committee for a Conveyance. The severed land, shown as Part 2 on the Draft 4R-Plan filed with the application will have a frontage of 8.61 metres, a depth of 20.20 metres and contain a lot area of 173.0 square metres.  This parcel will contain one half of the proposed 3-storey semi-detached dwelling and will be known municipally as 180 Devonshire Place.

The retained land, shown as Part 1 on said Plan, will have frontage of 8.51 metres, a depth of 20.20 metres and will contain a lot area of 172.9 square metres.  This parcel will contain the other half of the proposed 3-storey semi-detached dwelling and will be known municipally as 182 Devonshire Place.

The application indicates that there is an existing easement over Part 1 on 4R-16227.

Approval of this Application will have the effect of creating 2 separate parcels of land, both of which will not be in conformity with the requirements of the Zoning By-law, and therefore Minor Variance Applications (D08-02-09/A-00322 & D08-02-09/A-00323) have been filed and will be heard concurrently with these Applications.

MINOR VARIANCES/PERMISSION APPLICATIONS

Under Section 45 of the Planning Act

File No.           D08-02-09/A-00322 &

                          D08-02-09/A-00323

Owner(s):        Julie Bradford, Gianni Farinon &

                          Luigi Farinon

Location:        178, (180 & 182) Devonshire Place

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Part Lot 16, Reg. Plan No.

                                       152; Plan 4R-16227,

                                       Parts 1 & 2

Zone:                           R4Q

Zoning By-law:           2008-250

Former Municipality:     Ottawa

PURPOSE OF THE APPLICATION

The Owners have filed an Application for Consent (D08-01-09/B-00369), which if approved, will have the effect of creating 2 separate parcels of land, both of which will not be in conformity with the requirements of the Zoning By-law. Each of the newly created parcels will contain one half of the proposed new 3-storey semi-detached dwelling, as shown on plans filed with the Committee.  The existing dwelling located on the property is to be demolished.

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-00322:   182 Devonshire Place (Part 1 on the Draft Plan filed with the applications) one half of the proposed

                   semi-detached dwelling.

a)      To permit a reduced rear yard setback of 4.57 metres (22.7% of the lot depth), whereas the By-law requires a minimum rear yard setback of 25% of the lot depth, or 5.05 metres in this case.

b)      To permit a reduced rear yard area of 38.94 square metres (22.5% of the lot area), whereas the By-law requires a minimum rear yard area of 25 % of the lot area, or 43.23 square metres in this ca

c)      To permit a reduced front yard setback of 4.98 metres, whereas the By-law requires a minimum front yard setback of 6.0 metres.

d)      To permit a reduced lot area of 172.9 square metres, whereas the By-law requires a minimum lot area of 180 square metres.

e)      To permit an increase in building height to 11.0 metres, whereas the By-law permits a maximum building height of 8.0 metres.

A-00323:   180 Devonshire Place (Part 2 on said Plan) other half of the proposed semi-detached dwelling.

f)        To permit a reduced rear yard setback of 4.57 metres (22.7% of the lot depth), whereas the By-law requires a minimum rear yard setback of 25% of the lot depth, or 5.05 metres in this case.

g)      To permit a reduced rear yard area of 38.94 square metres (22.5% of the lot area), whereas the By-law requires a minimum rear yard area of 25 % of the lot area, or 43.25 square metres in this case.

h)      To permit a reduced front yard setback of 4.98 metres, whereas the By-law requires a minimum front yard setback of 6.0 metres.

i)        To permit a reduced lot area of 173.0 square metres, whereas the By-law requires a minimum lot area of 180 square metres.

j)        To permit an increase in building height to 11.0 metres, whereas the By-law permits a maximum building height of 8.0 metres.

THE APPLICATIONS indicate that the Property is the subject of a Consent Application (D08-01-09/B-00369) that has been filed and will be heard concurrently with these applications.  

MINOR VARIANCE/PERMISSION APPLICATION

Under Section 45 of the Planning Act

File No.           D08-02-09/A-00332

Owner(s):        Martin Hajek & Chantale Leclerc

Location:        390 Winston Avenue

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     North Half Lot 4, Reg.

                                       Plan No. 179

Zone:                           R3S

Zoning By-law:           2008-250

Former Municipality:     Ottawa

PURPOSE OF THE APPLICATION

The Owners want to demolish the existing porch at the front of their 2-storey detached dwelling in order to construct a new porch, with a second floor deck. The application indicates that the proposed porch and second floor balcony will be constructed in the same location and size as the existing porch, as shown on plans filed with the Committee.

RELIEF REQUIRED

In order to proceed, the Owners require the Authority of the Committee for a Minor Variance from the Zoning By-law to permit a porch and balcony to project to within 0.83 metres of the front lot line and 0.6 metres of the northerly side yard lot line, whereas the By-law states that an allowable projection is not permitted to be closer than 1.0 metre from any lot line.  

THE APPLICATION indicates that the Property is not the subject of any other current application under the Planning Act.  

APPLICATION FOR CONSENT

Under Section 53 of the Planning Act

File No.           D08-01-09/B-00387 &

                          D08-01-09/B-00388

Owner(s):        Eiffel Construction Ltd.

Location:        411 Roosevelt Avenue &

                          (399) Danforth Avenue

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Part Lot 10A, Lots 11 &

                                       12, Plan 204, S. Richmond

                                       Rd., Lots 11 & 12 Plan 204,

                                       N. Danforth Ave.

Zone:                           TM H(24)

Zoning By-law:           2008-250

PURPOSE OF THE APPLICATION

The Owner wants to subdivide its property into 2 separate parcels of land in order to establish separate ownerships for the existing 4-storey office building and the parking garage located to the east.

CONSENT IS REQUIRED FOR THE FOLLOWING

In order to proceed, the Owner requires the Consent of the Committee for Conveyances.  The property is shown as Parts 1, 2 & 3 on the Draft 4R-Plan filed with the applications and the separate parcels would be as follows:

Application Nos.         Part Nos.        Frontage         Depth              Area                Municipal Address

B-00387                      1                      35.8 m             21.5 m             992 m2             411 Roosevelt Ave.

                                                                                                                                                (contains the existing

                                                                                                                                                 office building)

                                                                                                                                                                                                                                                                                  

B-00388                      2 & 3*             28.17 m           38.05 m           1189 m2               399 Danforth Ave.

                                                                                                                                                (contains the    

                                                                                                                                                  existing

                                                                                                                                                 parking garage)

*The applications indicate that there is an existing right-of-way over Part 3 in favour of the Owner to the east at 390 Richmond Rd.                                                                                                                                        

The application indicates that the Property is not the subject of any other current applications under the Planning Act.

APPLICATIONS FOR CONSENTS

Under Section 53 of the Planning Act

File No.           D08-01-09/B-00390 &

                          D08-01-09/B-00391

Owner(s):        Don Bartlett

Location:        215, (217 & 219) Churchill

                          Avenue North

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Part Lot 40, Reg. Plan No. 267

Zone:                           R3EE

Zoning By-law:           2008-250

Former Municipality:             Ottawa

PURPOSE OF THE APPLICATION

The Owner wants to subdivide his property into 2 separate parcels of land in order to construct a new, 2-storey semi-detached dwelling, with one half on each of the newly created parcels.  The existing dwelling located on the property is to be demolished.

CONSENTS ARE REQUIRED FOR THE FOLLOWING

In order to proceed, the Owner requires the Consent of the Committee for Conveyances.  The property is shown as Parts 1 & 2 on a Plan filed with the applications and the separate parcels would be as follows:

Application Nos.   Part Nos.     Frontage      Depth        Area                      Municipal Address

B-00390                2                   7.92 m          20.11 m     159.4 m2                     219 Churchill Ave. N.

                                                                                                                                 (one half of the proposed

                                                                                                                                   semi-detached dwelling)

B-00391                1                   7.92 m          20.11 m     159.4 m2                     217 Churchill Ave. N.

                                                                                                                         (other half of the  proposed

                                                                                                                                   semi-detached dwelling)

Approval of these Applications will have the effect of creating 2 separate parcels of land, both of which will not be in conformity with the requirements of the Zoning By-law, and therefore Minor Variance Applications (D08-02-09/A-00346 & D08-02-09/A-00347) have been filed and will be heard concurrently with these Applications.

MINOR VARIANCES/PERMISSION APPLICATIONS

Under Section 45 of the Planning Act

File No.           D08-02-09/A-00346 &

                          D08-02-09/A-00347

Owner(s):        Don Bartlett

Location:        215, (217 & 219) Churchill

                          Avenue North

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Part Lot 40, Reg. Plan

                                       No. 267

Zone:                           R3EE

Zoning By-law:           2008-250

Former Municipality:     Ottawa

PURPOSE OF THE APPLICATION

The Owner has filed Applications for Consent (D08-01-09/B-00390 & D08-01-09/B-00391), which if approved, will have the effect of creating 2 separate parcels of land, both of which will not be in conformity with the requirements of the Zoning By-law. Each of the newly created parcels will contain one half of the proposed new 2-storey semi-detached dwelling, as shown on plans filed with the Committee.  The existing dwelling located on the property is to be demolished.

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-00346:   217 Churchill Ave. N. (Part 1 on the Plan) one half of the proposed semi-detached dwelling.

a)      To permit a reduced lot width of 7.92 metres, whereas the By-law requires a minimum lot width of 9.0 metres.

b)      To permit a reduced lot area of 159.4 square metres, whereas the By-law requires a minimum lot area of 270 square metres.

c)      To permit a reduced rear yard setback of 4.42 metres (for that portion of the proposed bay window), whereas the By-law requires a minimum rear yard setback of 5.0 metres.

d)      To permit a reduced rear yard area of 35.0 square metres (22% of the lot area), whereas the By-law requires a minimum rear yard area of 25 % of the lot area, or 39.84 square metres in this case.

e)      To permit a reduced northerly side yard setback of 0.6 metres, whereas the By-law requires a minimum side yard setback of 1.2 metres.

A-00347:   219 Churchill Ave. N. (Part 2 on said Plan) other half of the proposed semi-detached dwelling.

f)        To permit a reduced lot width of 7.92 metres, whereas the By-law requires a minimum lot width of 9.0 metres.

g)      To permit a reduced lot area of 159.4 square metres, whereas the By-law requires a minimum lot area of 270 square metres.

h)      To permit a reduced rear yard setback of 4.42 metres (for that portion of the proposed bay window), whereas the By-law requires a minimum rear yard setback of 5.0 metres.

i)        To permit a reduced rear yard area of 35.0 square metres (22% of the lot area), whereas the By-law requires a minimum rear yard area of 25 % of the lot area, or 39.84 square metres in this case.

THE APPLICATIONS indicate that the Property is the subject of Consent Applications (D08-01-09/B-00390 & D08-01-09/B-00391) that have been filed and will be heard concurrently with these applications.  

APPLICATIONS FOR CONSENTS

Under Section 53 of the Planning Act

File No.           D08-01-09/B-00392 &

                          D08-01-09/B-00393

Owner(s):        Grant Desouza

Location:        627 & (629) Melbourne Avenue

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Lot 41, E. Melbourne Ave.,

                                       Reg. Plan No. 204

Zone:                           R3R

Zoning By-law:           2008-250

Former Municipality:             Ottawa

Purpose of Application

The Owner wants to subdivide his property into 2 separate parcels of land. One parcel will contain the existing 2-storey detached dwelling, and it is proposed to construct a new 2-storey detached dwelling on the other parcel. The existing garage located on the property is to be demolished. 

CONSENTS ARE REQUIRED FOR THE FOLLOWING

In order to proceed, the Owner requires the Consent of the Committee for Conveyances and Grant of Easements/Rights-of-Ways.  The property is shown as Parts 1 to 4 on a Plan filed with the applications and the separate parcels would be as follows:

Application Nos.   Part Nos.     Frontage      Depth        Area                      Municipal Address

B-00392                1                   10.34 m        30.62 m     316.6 m2                     627 Melbourne Ave.

                                                                                                                                  (existing 2-storey

                                                                                                                                   detached dwelling)

B-00393                2 to 4*          9.78 m          30.62 m     299.3 m2                     629 Melbourne Ave.

                                                                                                                          (proposed 2-storey

                                                                                                                                   detached dwelling)

* It is proposed to grant a right-of-way over Parts 3 & 4 for a portion of a driveway and a parking space in favour of the Owner of Part 1.

Approval of these Applications will have the effect of creating 2 separate parcels of land, both of which will not be in conformity with the requirements of the Zoning By-law, and therefore Minor Variance Applications (D08-02-09/A-00348 & D08-02-09/A-00349) have been filed and will be heard concurrently with these Applications.

MINOR VARIANCES/PERMISSION APPLICATIONS

Under Section 45 of the Planning Act

File No.           D08-02-09/A-00348 &

                          D08-02-09/A-00349

Owner(s):        Grant Desouza

Location:        627 & (629) Melbourne Avenue

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Lot 41, E. Melbourne Ave.,

                                       Reg. Plan No. 204

Zone:                           R3R

Zoning By-law:           2008-250

Former Municipality:     Ottawa

PURPOSE OF THE APPLICATION

The Owner has filed Applications for Consent (D08-01-09/B-00392 & D08-01-09/B-00393), which if approved, will have the effect of creating 2 separate parcels of land, both of which will not be in conformity with the requirements of the Zoning By-law.

The Owner wants to subdivide his property into 2 separate parcels of land. One parcel will contain the existing 2-storey detached dwelling, and it is proposed to construct a new 2-storey detached dwelling on the other parcel, as shown on plans filed with the Committee. The existing garage located on the property is to be demolished. 

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-00348:   627 Melbourne Ave. (Part 1 on the Plan filed with the applications) – existing detached dwelling.

a)      To permit a reduced lot width of 10.34 metres, whereas the By-law requires a minimum lot width of 12.0 metres.

b)      To permit a reduced lot area of 316.54 square metres, whereas the By-law requires a minimum lot area of 360 square metres.

c)      To permit parking and the driveway leading to the parking space to be partially on another lot (Part 2, 3 & 4 on said Plan), whereas the By-law requires that parking and the driveway must be provided on the same lot as the use or building for which they are provided.

A-00349:   629 Melbourne Ave. (Parts 2-4 on said Plan) – proposed 2-storey detached dwelling.

d)      To permit a reduced lot width of 9.78 metres, whereas the By-law requires a minimum lot width of 12.0 metres.

e)      To permit a reduced lot area of 299.3 square metres, whereas the By-law requires a minimum lot area of 360 square metres.

f)        To permit a reduced southerly side yard setback of 0.6 metres, whereas the By-law requires a minimum side yard setback of 1.2 metres.

g)      To permit a reduced total side yard setback of 1.8 metres, whereas the By-law requires a minimum total side yard setback of 2.4 metres.

h)      To permit an accessory use, a portion of a parking space for the benefit of Part 1, to be located on Part 3, and a portion of the driveway leading to the parking space, for the benefit of Part 1, to be located on Part 4 of the said Plan, whereas the By-law states, in part, that an accessory use, meaning aiding or contributing in a secondary way to a principal use to carry out its function, is permitted if it is located on the same lot as the use to which it is accessory.

THE APPLICATIONS indicate that the Property is the subject of Consent Applications (D08-01-09/B-00390 & D08-01-09/B-00391) that have been filed and will be heard concurrently with these applications.  

MINOR VARIANCE/PERMISSION APPLICATION

Under Section 45 of the Planning Act

File No.           D08-02-09/A-00351

Owner(s):        Rhonda Kornberger &

                          Michael Hine

Location:        377 Huron Avenue South

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Lot 267, Reg. Plan No.

                                       207509

Zone:                           R1QQ

Zoning By-law:           2008-250

Former Municipality:     Ottawa

PURPOSE OF THE APPLICATION

The Owners want to establish a parking space in the front yard of their property containing their existing 2-storey detached dwelling, as shown on plans filed with the Committee.

RELIEF REQUIRED

In order to proceed, the Owners require the Authority of the Committee for a Minor Variance from the Zoning By-law to permit a required parking space to be located in the front yard, whereas the By-law does not permit parking for a motor vehicle in a required and provided front yard.

THE APPLICATION indicates that the Property is not the subject of any other current application under the Planning Act.  

MINOR VARIANCE/PERMISSION APPLICATION

Under Section 45 of the Planning Act

File No.           D08-02-10/A-00001

Owner(s):        Springcress Properties Inc.

Location:        1451 Wellington Street West

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Lots 1 & 2 (N. Richmond

                                       Rd.), Reg. Plan No. 145

Zone:                           TM H(18)

Zoning By-law:           2008-250

Former Municipality:     Ottawa

PURPOSE OF THE APPLICATION

The Owner wants to demolish the existing 1-storey retail building and construct a new 7-storey, 46-unit apartment building with retail uses on the ground floor and 2 levels of underground parking, 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 an increase in building height to 22.0 metres above average grade, whereas the By-law permits a maximum building height of 18.0 metres.

b)      To permit a reduced front yard setback of 0.5 metres, whereas the By-law requires a minimum front yard setback of 2.0 metres above 15 metres in height.

c)      To permit a reduced corner (westerly) side yard setback of 0 metres, whereas the By-law requires a minimum side yard setback of 3.0 metres, except for any part of a building above 15 metres for which an additional 2.0 metre setback must be provided.

THE APPLICATION indicates that the Property is not the subject of any other current application under the Planning Act. 

MINOR VARIANCE/PERMISSION APPLICATION

Under Section 45 of the Planning Act

File No.           D08-02-09/A-00309

Owner(s):        Daniel Roy & Christy Williams

Location:        133 Hinchey Avenue

Committee Panel:      1

Ward:                          15 – Kitchissippi

Legal Description:     Lot 2, Reg. Plan No. 35

Zone:                           R4S

Zoning By-law:           2008-250

Former Municipality:     Ottawa

PURPOSE OF THE APPLICATION

The Owners have re-constructed a portion of the existing 3-storey dwelling and have constructed a new 2-storey addition over the ground floor portion of the existing dwelling at the rear of the property, as shown on plans filed with the Committee. 

RELIEF REQUIRED

In order to regularize this as built situation, the Owners require the Authority of the Committee for Minor Variances from the Zoning By-law as follows:

a)      To permit a reduced northerly side yard setback of 0.12 metres for the existing building, whereas the By-law requires a minimum side yard setback of 0.6 metres.

b)      To permit a reduced northerly side yard setback of 0.12 metres for the new addition, whereas the By-law requires a minimum side yard setback of 0.6 metres.

c)      To permit the eaves to project to 0 metres of the northerly lot line, whereas the By-law states that eaves may not be closer than 0.3 metres to a lot line.

THE APPLICATION indicates that the Property is not the subject of any other current application under the Planning Act.  

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