11. appeal – committee of adjustment – 1063 falaise road (1645 ortona avenue)

appel – comité de dérogation – 1063, chemin falaise (1645, avenue ortona)

Committee Recommendation

That Council approve the presence of staff from the Corporate Services and Development Services Departments at the Ontario Municipal Board Hearing regarding the Committee of Adjustment application for consent and minor variances for 1063 Falaise Road to allow for the construction of a single detached house at 1645 Ortona Avenue.

Recommandation du Comité

Que le Conseil approuve la présence de personnel des Services généraux et des Services d’aménagement à l’audience de la Commission des affaires municipales de l’Ontario au sujet de la demande d’autorisation et de dérogations mineures soumises au Comité de dérogation concernant le 1063, chemin Falaise, dans le but de permettre la construction d’une maison unifamiliale au 1645, avenue Ortona

Documentation

1. Development Services Department General Manager’s report dated 4 February 2003 (ACS2003-DEV-APR-0044).

2. An Extract of Draft Minutes, 27 February 2003.

Report to / Rapport au:

Planning and Development Committee /

Comité de l’urbanisme et de l’aménagement

and Council / et au Conseil

4 February 2003 / le 4 février 2003

Submitted by / Soumis par: Ned Lathrop, General Manager / Directeur général

Development Services Department / Services d’aménagement

Contact / Personne-ressource: Grant Lindsay. Manager Development Approvals / Gestionnaire, Approbation des demandes d’aménagement

580-2424 ext.13242, Grant.Lindsay@ottawa.ca

Ref N°: ACS2003-DEV-APR-0044

SUBJECT: APPEAL – COMMITTEE OF ADJUSTMENT – 1063 FALAISE ROAD (1645 ORTONA AVENUE)

OBJET: APPEL – COMITÉ DE DÉROGATION – 1063, CHEMIN FALAISE (1645, AVENUE ORTONA)

REPORT RECOMMENDATION

That the Planning and Development Committee recommend Council approve the presence of staff from the Corporate Services and Development Services Departments at the Ontario Municipal Board Hearing regarding the Committee of Adjustment application for consent and minor variances for 1063 Falaise Road to allow for the construction of a single detached house at 1645 Ortona Avenue.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil d’approuver la présence de personnel des Services généraux et des Services d’aménagement à l’audience de la Commission des affaires municipales de l’Ontario au sujet de la demande d’autorisation et de dérogations mineures soumises au Comité de dérogation concernant le 1063, chemin Falaise, dans le but de permettre la construction d’une maison unifamiliale au 1645, avenue Ortona.

BACKGROUND

On September 3, 2002, the Committee of Adjustment heard applications for a consent and variances for 1063 Falaise Road (Document 1: Location Map). The applicant is proposing to sever the property into two parcels with lot areas less than the minimum requirement in the Zoning By-law for detached dwelling lots. An existing one-storey single detached dwelling in located on the property and will be retained on one of the lots to be created. A new two storey single detached dwelling is proposed for the new vacant lot to be established through the consent. The applicant requires a variance for each lot to permit reduced lot areas of 429.0 square metres for the two lots whereas the By-law requires a minimum lot area of 668.0 square metres.

In making a recommendation to the Committee of Adjustment, staff objected to the request for the reduced lot areas. The Committee of Adjustment agreed with staff and dismissed both variance and consent applications. The owner has subsequently appealed the Committee of Adjustment decisions to the Ontario Municipal Board. A copy of the staff recommendation and the decisions of the Committee of Adjustment pertaining to this property are attached as Documents 2, 3 and 4.

DISCUSSION

The subject property is designated Low Density Residential Area in the Carleton Heights Secondary Policy Plan of the former City of Ottawa Official Plan (OPCO). This Low Density designation is intended to include single-detached dwellings at a density range between 25 to 75 persons per hectare (10-30 persons per hectare). The subject property is within an R1A, Detached House Zone in the former City of Ottawa Zoning By-law, 1998. The purpose of this zone in the Carleton Heights community is to permit low-density dwellings, to restrict the dwelling types to detached houses, and to regulate development in a manner that adopts existing land use patterns so that the large lot detached-house character of the neighbourhood is maintained.

The Department is recommending that Council approve staff’s presence at the required Ontario Municipal Board Hearing to support the Committee of Adjustment’s decision and to uphold Council’s established policies as articulated in the OPCO and Zoning law.

The requested variance to allow lots with areas of 429.9 square metres does not satisfy the tests for minor variances under the Planning Act. The proposed lots are not compatible in size with the other lots in the area. Although there have been other severances in the neighbourhood, these severances result in lots larger than those proposed in these applications and for the most part these new lots have maintained the large lot pattern of development in this R1 zone. Analyses of severance patterns on corner lots in this area indicate that the lots located at the corner of Falaise and Ortona have already been severed into three properties. The requested variance to reduce the lot area to 429.9 square metres would make it the smallest lot in the local area, and in staff’s view, the variances requested do not maintain the purpose of the R1 zone which was established to protect the large lot character of the neighbourhood.

COUNCILLOR’S COMMENTS

Councillor Wendy Stewart is aware of the application.

CONSULTATION

The applicant has been sent a copy of this submission.

FINANCIAL IMPLICATIONS

Direct costs to the City would be comprised of the cost of Legal Services Branch and Development Services Department staff preparing for and defending the position of Council at the Ontario Municipal Board. As representation is by City staff, there is no external cost to the City.

ATTACHMENTS

Document 1 – Location Map

Document 2 – Staff Report

Document 3 – Committee of Adjustment Decision for consent application

Document 4 – Committee of Adjustment Decision for variance application

DISPOSITION

Department of Corporate Services, Secretariat Services to notify the owner (Douglas Cameron, 1063 Falaise Road, Ottawa, K2C 0M6) of Council’s Decision.

Location Map Document 1

Staff Report Document 2

Committee of Adjustment Decision for Consent Application Document 3

Committee of Adjustment Decision for Variance Application Document 4

Planning and Development

Committee

Report 46

Extract of Draft Minutes 47

27 february 2003

14. APPEAL – COMMITTEE OF ADJUSTMENT – 1063 FALAISE ROAD (1645 ORTONA AVENUE)

APPEL – COMITÉ DE DÉROGATION – 1063, CHEMIN FALAISE (1645, AVENUE ORTONA)

ACS2003-DEV-APR-0044 Riverside (16)

Michael Mack, Carleton Heights and Area Residents Association, N. Castonguay, Brian Eagle, Nick Frangione. and L. Baslaw were present in support of the recommendation contained in report dated 4 February 2003. Mr. Mack provided the Committee with a written submission supporting the staff recommendation.

CARRIED