Committee of Adjustment application
Address (Zoning) 1300 h (zoning unknown)
1 Item (zoning unknown)
9300040 Canada (zoning unknown)
378 Berkley (R3S)
303 Bell (R4H[832])
Possibly related devapp(s) D08-01-15/B-00061 - coa
D08-01-15/B-00062 - coa
D08-02-15/A-00082 - coa
D08-01-15/B-00124 - coa
D08-01-15/B-00125 - coa
D08-01-15/B-00156 - coa
D08-01-15/B-00153 - coa
D08-02-15/A-00138 - coa
D08-01-15/B-00250 - coa
D08-01-15/B-00252 - coa
D08-01-15/B-00298 - coa
D08-02-15/A-00023 - coa
D08-01-15/B-00312 - coa
D08-01-15/B-00313 - coa
D08-02-15/A-00294 - coa
D08-02-15/A-00305 - coa
D08-02-15/A-00333 - coa
D08-02-15/A-00342 - coa
D08-01-15/B-00381 - coa
D08-02-15/A-00360 - coa
Agenda Excerpt

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 No.:
Legal Description:
Zoning By-law:

Daniel Gheorghita and Ana Maria Barbu
303 Bell Street South
17 - Capital
Pt Lot 10, Registered Plan 47 being Part 3 Plan 4R-13069
R4H [832]
2008-250 as amended by 2015-228

The Owners want to construct a three-storey addition at the rear of existing duplex for a
total of six units. The addition will contain four additional units. When completed the
building will result in a six-unit low-rise apartment building as shown on plans filed with
the Committee.
In order to proceed, the Owners require the Authority of the Committee for Minor
Variances from the Zoning By-law as follows:
Under By-law 2008-250
a) To permit a reduced lot width of 9.03 metres whereas the By-law requires a

minimum lot width of 12.0 metres.
b) To permit a reduced lot area of 331.1 square metres whereas the By-law requires

a minimum lot area of 360.0 square metres.
c) To permit a reduced southerly interior side yard setback of 0.71 metres whereas

the By-law requires a minimum interior side yard setback of 1.5 metres where the
building wall is equal to or less than 11 metres in height.
d) To permit an increased unit count to six units whereas the Zoning By-law for the

R4H zone permits a maximum unit count of four units for a low-rise apartment
e) To permit a reduced front yard setback of 2.27 metres whereas the By-law

requires that the 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 5.88 metres.

Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II)

To permit a reduced rear yard setback of 11.02 metres, whereas the By-law
requires that lots with a depth greater than 30 metres but less than 45 metres
have a minimum rear yard setback which is the greater of the building height or
the lot depth minus 22.5 metres. In this case, the minimum rear yard setback is
14.39 metres, which represents the lot depth of 36.8 metres minus 22.5 metres.

g) To permit a reduced rear yard amenity area of 79 square metres at grade (13.16

square metres per unit), whereas the By-law requires a minimum amenity area of
90 square metres per unit at grade (15 square metres per unit at grade).

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

Date Status
2017-08-02 CoA meeting 364246
2016-11-02 CoA meeting 353749
2015-12-02 Appearance on CoA agenda, panel 1

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