Here’s a report on the Committee of Adjustment hearing on 192 Carleton which Heather Pearl and Duncan Bury attended. The report has been reviewed by Heather and is ready to go. It’s a follow-up to 192 Carleton Avenue Development Proposal.

192 Carleton Nov 21, 2012 COA hearing report final.doc
192 Carleton Nov 21, 2012 COA hearing report final.pdf

Report on
192 (194) Carleton Avenue Development Proposal
City of Ottawa, November 21, 2012
Committee of Adjustment

The owner of 192 Carleton Avenue applied to the City’s Committee of Adjustment for minor variance (lot width and lot area) and consent to subdivide the property into two separate parcels of land to allow the building of a 2-storey semi-detached dwelling. Approval of the consent and minor variance applications would allow a reduced lot width and a reduced lot area for each of the two new parcels.

Heather Pearl and Duncan Bury attended the November 21^st Committee of Adjustment hearing on behalf of the CPCA and to register the Association’s support for the applications.

What had originally been seen as a simple and straightforward application changed immediately upon introduction of the proposal by the chair of the COA, with the revelation that additional new variances were also being requested – variances that the CPCA had not been made aware of and which were not part of the original applications.

Concern about these new variances, which appeared to address the front yard set-back, was heightened by a confusing presentation by the staff planner. The chair of the Committee, John Lindsay, initially appeared to be equally confused by the new variances and to his credit expressed particular concern about the lack of public notice.

Upon further discussion and an examination of the plans it became apparent that the siting of the new proposed semi-detached dwelling had not changed and that the variances were being proposed by the City “in the abundance of caution” to address the front yard averaging with reference to the adjoining property to the north, 188 Carleton. It became clear that the front yard averaging was being measured based on the siting of the buildings that currently occupy the adjacent properties, and would not be using the set back in the approved re-development proposal for 188 Carleton. The existing house on 188 Carleton is set back 12.53 m. Averaging would have required 192 Carleton to have a 9.37 m set-back. The new last minute variances were requested to address this and allow the new 192 Carleton development the 6.21 m set-back that the proposal has shown from the beginning.

After this clarification and expressions of concern about the last minute filing of new variance applications, the CPCA representatives indicated support for the new variances and stated support for the other variances and consent.

The owner of the proposed semi-detached dwellings at 192 Carleton, and his agent, had been requested by the City to apply for the new variances but, unfortunately, had not thought to contact the CPCA because they saw the applications as a minor technical detail. That turned out to be true in this case. It is important to note, however, that last minute introductions of minor variance applications could result in considerable change to a proposal. The sudden appearance of these new variance requests served to emphasize the continued importance of vigilance and engagement with all COA applications.

If you would like any further information please contact Duncan Bury at 193 Cowley Avenue (613) 729-0499; la.db@sympatico.ca) or Heather Pearl at 251 Keyworth Avenue (613) 725-1422; pearhea@aol.com.

Duncan Bury
November 25, 2012

Re: 192 (194) Carleton Avenue Development Proposal
Applications for Consent and Minor Variances,
 City of Ottawa, Committee of Adjustment,
November 21, 2012

The owner of 192 Carleton Avenue, Henric Alfredsson, has applied to the City’s Committee of Adjustment for minor variance (lot width and lot area) and consent to subdivide the property into two separate parcels of land to allow the building of a 2-storey semi-detached dwelling.

Approval of the consent and minor variance applications would allow a reduced lot width and a reduced lot area for each of the two new parcels.  No other variances from the provisions of the Zoning By-law are requested.

The Committee of Adjustment, Committee Panel 1, will hear the application at its meeting of Wednesday November 21^st starting at 1:00pm and will likely render its decision at that time.

The Champlain Park Community Association (CPCA) will be sending a letter to the Committee of Adjustment in support of the applications.

The CPCA met with the owner and his project designer, Michael Segretto of Miroca Design, on September 26^th, before the submission of these applications, to discuss the CPCA’s goals and objectives for this community and had the opportunity to review the proposal and plans for the proposed semi-detached units. Based on the meeting and a review of the plans, the CPCA believes that this proposal represents development compatible with the goals and objectives of the Association and is in accordance with the City’s Official Plan and Infill Zoning By-law. In particular we noted that the front yard set-back was consistent with other set-backs along Carleton, that there is room for soft landscaping and for parking a car without infringing on the sidewalk, that the building is 2-storeys with a pitched roof, that the bulk/massing is mitigated by glazing and that small rear decks and stairs will help preserve the rear yard privacy of neighours.

Assessed owners of adjoining properties are entitled to attend and speak to the Committee of Adjustment.  If you would like to see a full set of plans showing the site, the unit floor plans and the building elevations or would like any further information please contact Duncan Bury at 193 Cowley Avenue (613 729-0499; la.db@sympatico.ca) or CoChair1 champlainpark@gmail.com

Also see the results of the hearing at Report on 192 Carleton COA hearing

Final Report 20Oct2012 179 Carleton.doc
Final Report 20Oct2012 179 Carleton.pdf

179 Carleton Avenue Development Proposal Final Report

Summary:

The goals of the CPCA and the involved neighbours, related to this proposal to demolish the existing single home to build a new semi-detached dwelling, were:

• To preserve the four trunked bur oak that straddles the property line between 175 and 179 Carleton (protected as a “distinctive” tree under the Urban Tree Conservation By-law and as a “boundary tree” under the Forestry Act).
• To achieve a dwelling that, while larger than existing mature single family homes, is as compatible as possible in appearance with the existing Carleton Avenue streetscapes

The CPCA delineated these goals from the outset and negotiated with the Owners during a number of meetings with the Senior Private Planner the Owners had hired to interface with the community.

Through these negotiations the CPCA achieved:

• an increase in front yard set-back to achieve compatibility with the abutting properties at 175 and 183 Carleton (as per requirements of  the new zoning by-law), and to allow more rooting area for the bur oak
• an improved architectural design
• a Committee of Adjustment ruling in favour of an “undertaking” by the owners to enter into a tree preservation agreement with the CPCA
• a Committee of Adjustment condition that the owners obtain a permit under the Urban tree Conservation By-law specifying protective measures

The tree preservation agreement between the Owner and CPCA was successfully negotiated. This agreement contains a detailed commitment by the Owners to implement most of the protective measures that were specified in the following three documents:

• professional arborist report commissioned by the Owners
• professional forester report commissioned by the CPCA
• letter to the Committee of Adjustment by the City of Ottawa Forestry Department

The CPCA has communicated with the Forestry Department related to the tree permit, has made them aware of the condition in the Committee of Adjustment Decision, and has encouraged them to implement this condition.

Excerpts from the Committee of Adjustment Decision:
 
The Community Association has…no objections to the revised proposal, …provided that any approval of the Committee be conditional upon the Owner of the property obtaining a comprehensive tree permit for the mature Burr Oak, which would ensure compliance with the Urban Tree Conservation By-law.  Ms Pearl also indicated for the committee’s information that a private agreement would be entered into between the proponents and members of the community concerning the preservation of the tree before, during and after the proposed construction.

Mr. Chown indicated that his client was amendable to the imposition of the aforementioned condition.

In deliberating on these applications, the Committee acknowledges the concessions made by both the proponents and the community in order to ultimately arrive at a proposal that is compatible with the existing built form in the area, maintains the forested character of the community through the preservation of the existing Burr Oak tree on the property, and will have no undue adverse impact on abutting property owners.  The Committee is also favourably disposed by the undertaking given by the applicant to the community to enter into a private agreement to deal with tree preservation measures during the construction process.

This application is granted subject to the proposed construction being in accordance with the revised plans filed and Committee of Adjustment date-stamped September 17, 2012, and subject to the following condition:

That the Owners obtain a permit in accordance with the Urban Tree conservation By-law to ensure the protection of the existing Burr Oak tree located on the property, to the satisfaction of the General Manager, Planning and Growth Management Department, or his delegate.