D08-02-15/A-00317

Committee of Adjustment application
Ward
Received2015-12-02
Updated2015-11-16
Address (Zoning) 392 Greenwood (R3S)
Possibly related devapp(s) D08-01-15/B-00330 - coa
D08-01-15/B-00331 - coa
D08-02-15/A-00316 - coa
Agenda Excerpt

11
(Adjourned from October 7 and Re-circulated to December 2)
MINOR VARIANCE/PERMISSION APPLICATIONS
Under Section 45 of the Planning Act
To be held on Wednesday, December 2, 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-00316 & D08-02-15/A-00317
Amy Caruso & Mia Ferrante
392, (390) Greenwood Avenue
15 - Kitchissippi
Part Lot 119, Reg. Plan 257
R3S under Zoning By-law 2008-250 as amended by Zoning Bylaw 2015-228

PURPOSE OF THE APPLICATIONS:
In October 2015 the Committee of Adjustment adjourned these applications in order to
allow the Owners time to revise their plans in order to address the concerns with
preserving the trees. The Owners have revised their plans and are now re-applying for
the Minor Variances, and there are no changes to the Consent applications that were
submitted previously.
The Owners have filed Consent Applications (D08-01-15/B-00330 & D08-01-15/B-00331)
which, if approved, will have the effect of creating two separate parcels of land. It is
proposed to demolish the existing dwelling and construct a two-storey semi-detached
dwelling, with one dwelling unit to be located on each of the newly created parcels of
land, as shown on plans filed with the Committee.
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-00316: 392 Greenwood Avenue, Part 1 on Draft 4R Plan, one half of the proposed
semi-detached dwelling
Under By-law 2008-250
a) To permit a reduced front yard setback of 4.61 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 5.45 metres.


Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II)
b) To permit a reduced rear yard setback of 4.72 metres, whereas the By-law

requires that lots with a depth greater than 20 metres but less than 30 metres
have a minimum rear yard setback which is the greater of the building height
above existing average grade or a distance equal to 25 per cent of the lot depth
which must comprise at least 25 per cent of the area of the lot. In this case, the
minimum rear yard setback is 8 metres which represents the building height above
existing average grade.

A-00317: 390 Greenwood Avenue, Part 2 on Draft 4R Plan, one half of the proposed
semi-detached dwelling
Under By-law 2008-250
c) To permit a reduced front yard setback of 4.61 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 5.45 metres.
Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II)
d) To permit a reduced rear yard setback of 4.71 metres whereas the By-law

requires that lots with a depth greater than 20 metres but less than 30 metres
have a minimum rear yard setback which is the greater of the building height
above existing average grade or a distance equal to 25 per cent of the lot depth
which must comprise at least 25 per cent of the area of the lot. In this case, the
minimum rear yard setback is 8 metres which represents the building height above
existing average grade.

THE APPLICATIONS indicate that the Property is the subject of the above noted
Consent applications under the Planning Act.


12
(Adjourned from October 7 to December 2)


Date Status
2015-12-02 Appearance on CoA agenda, panel 1

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