10. APPEAL - COMMITTEE OF ADJUSTMENT - 745 COLE AVENUE, 381, 391, 401, 407 TILLBURY AVENUE, 721, 727 ROOSEVELT AVENUE, 724 MELBOURNE AVENUE; AND 1691, 1695, 1699, 1703 CARLING AVENUE, 748 COLE AVENUE, 426, 432 TILLBURY AVENUE (FILE NO. D08-01-06/B-00365 TO D08-01-06/B-00370; D08-01-06/B-00372 TO D08-01-06/B-00381)

APPEL - COMITE DE DEROGATION - 745, AVENUE COLE, 381, 391, 401 ET 407, AVENUE TILLBURY, 721 ET 727, AVENUE ROOSEVELT, 724, AVENUE MELBOURNE; LES 1691, 1695, 1699 ET 1703, AVENUE CARLING, LE 748, AVENUE COLE, LES 426 ET 432, AVENUE TILLBURY

Committee recommendation as amended

That Council support the granting of the consent subject to the imposition of a condition requiring an agreement on title prohibiting any condominium conversion for the life of the buildings presently on site.

Recommandation modifiÉe du Comité

Que le Conseil approuve la demande à la condition qu’elle soit assortie d’une disposition prévoyant l’ajout d’une entente sur titre interdisant que les bâtiments qui se trouvent actuellement sur les lieux soient convertis en immeubles en copropriété, et ce, pour toute leur durée de vie.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated
18 December 2006 (ACS2007-PTE-APR-0033).

2. Extract of Draft Minutes, 9 January 2007.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

18 December 2006 / le 18 décembre 2006

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/

Directrice municipale adjointe

Planning, Transit and the Environment/ Urbanisme, Transport en commun et Environnement

Contact Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire, Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424, 13242 Grant.Lindsay@ottawa.ca

Kitchissippi (Ward 15)

Ref N°: ACS2007-PTE-APR-0033

SUBJECT:	Appeal - Committee of Adjustment - 745 Cole Avenue, 381, 391, 401, 407 Tillbury Avenue, 721, 727 Roosevelt Avenue, 724 Melbourne Avenue; and 1691, 1695, 1699, 1703 Carling Avenue, 748 Cole Avenue, 426, 432 Tillbury Avenue (File No. D08-01-06/B-00365 to D08-01-06/B-00370; D08-01-06/B-00372 to D08-01-06/B-00381)

OBJET :	APPEL - COMITE DE DEROGATION - 745, AVENUE COLE, 381, 391, 401 ET 407, AVENUE TILLBURY, 721 ET 727, AVENUE ROOSEVELT, 724, AVENUE MELBOURNE; LES 1691, 1695, 1699 ET 1703, AVENUE CARLING, LE 748, AVENUE COLE, LES 426 ET 432, AVENUE TILLBURY

REPORT RECOMMENDATION

That the Planning and Environment Committee recommend Council approve the Planning, Transit and the Environment Department's appeal of the Committee of Adjustment decisions regarding applications for consent to sever the properties municipally known as 745 Cole Avenue, 381, 391, 401, 407 Tillbury Avenue, 721, 727 Roosevelt Avenue, 724 Melbourne Avenue; and 1691, 1695, 1699, 1703 Carling Avenue, 748 Cole Avenue, 426, 432 Tillbury Avenue, and approve the presence of staff from the Corporate Services and Planning, Transit and Environment Departments at the Ontario Municipal Board Hearing regarding the appeal.

RECOMMANDATION DU RAPPORT

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver l'appel d'Urbanisme, Transport en commun et Environnement concernant les décisions du Comité de dérogation sur les demandes d'autorisation de séparation des terrains dont les adresses municipales sont le 745, avenue Cole, les 381, 391, 401 et 407, avenue Tillbury, les 721 et 727, avenue Roosevelt, le 724, avenue Melbourne, ainsi que les 1691, 1695, 1699 et 1703, avenue Carling, le 748, avenue Cole et les 426 et 432, avenue Tillbury, et d'approuver la présence d'employés des Services généraux et d'Urbanisme, Transport en commun et Environnement lors de l'audience de la Commission des affaires municipales de l'Ontario portant sur cet appel.

BACKGROUND

The Owner of 745 Cole Avenue, 381, 391, 401, 407 Tillbury Avenue, 721, 727 Roosevelt Avenue, 724 Melbourne Avenue; and 1691, 1695, 1699, 1703 Carling Avenue, 748 Cole Avenue, 426, 432 Tillbury Avenue applied to the Committee of Adjustment to sever its property, currently owned as two parcels, into 16 separate parcels. The purpose of the applications was to create separate ownerships of the 16 existing three-storey, six-unit apartment buildings. The Owner indicated an intention to refinance the properties in order to obtain the funds necessary to complete minor improvements to the buildings.

The Committee of Adjustment, at its November 1, 2006 hearing, approved the subject applications for consent. The Planning, Transit and Environment Department, in its Report to the Committee, objected to the consent applications on the basis that the proposed severances contravened Official Plan Policy 4.5, and requested that the applications be dismissed on that basis. The Department subsequently requested the Legal Services Branch of the Corporate Services Department to appeal the decision of the Committee of Adjustment within the prescribed appeal period. The Planning, Transit and Environment Department is therefore seeking concurrence from City Council to follow through with the appeals and to approve the presence of both planning staff and legal staff at the Ontario Municipal Board (OMB) hearing to be scheduled.

DISCUSSION

The Official Plan contains policies that identify the importance of affordable housing in Section 2.5.2, and to the protection of affordable rental housing stock in Section 4.5. Section 2.5.2 states, in part, that:

affordable and appropriate housing for all residents is the fundamental building block of a healthy, liveable community. It is also the stepping-stone to individual success at school, in the workplace and in the community. Official Plan policies contribute to improving the supply of affordable housing in concert with other City initiatives to support the construction of affordable units.

Affordability and choice issues are addressed in the policies of this section and in subsequent sections. These policies include the provision of affordable housing, the use of alternative development standards, and how applications to demolish or convert residential units are assessed.

Policy 1 of Section 2.5.5 reads as follows:

Affordable housing is defined as housing, either ownership or rental, for which a low- or moderate-income household pays no more than 30 per cent of its gross annual income. The City has set a target of 25 per cent of housing units available each year to be affordable to households at the 30th income percentile for rental and the 40th income percentile for ownership housing.

The policies to protect affordable rental housing stock are found in Section 4.5 of the Official Plan, which states as follows:

4.5 Housing

The strategic affordable housing policies outlined in Section 2.5.2 of the Plan must be adhered to in the review of development applications. The policies in this subsection are designed to maintain existing housing stock in the city.

Policies

The conversion of rental housing with five or more rental units to condominium ownership or to freehold ownership as a result of applications such as, but not limited to, applications for severance of properties, is premature and not in the public interest unless the following two criteria are satisfied:

The rental vacancy rate by dwelling/structure type for the City of Ottawa as defined and reported yearly through the Canada Mortgage and Housing Corporation (CMHC) Rental Housing Market Survey has been at or above 3 per cent for the preceding two-year reporting period;
The existing market rents of the units proposed for conversion are at or above the average market rent levels for the corresponding CMHC survey zone in the City of Ottawa, as reported yearly by the CMHC Survey for rental units of a similar dwelling/structure and bedroom type.

In reviewing the applications submitted for the subject properties, the Department concluded that the proposed severance is subject to these policies. The Department advised the Committee of Adjustment in its comments that while the condition precedent to allowing the proposed severance related to vacancy rates as set out in the Official Plan was satisfied, no information had been provided by the applicant that the condition precedent related to average market rent had been satisfied. In fact, based on preliminary discussions with the owner, the Department understood that the rents for the subject rental accommodation are below average market rent suggesting that this condition precedent was not being meet.

The Department acknowledged that the consents would not result in freehold ownership of the units within the apartment buildings and that each building would continue to accommodate six rental units that would be subject to Policy 4.5.1. The proposed severances would allow for separate ownership of each of the 16 apartment buildings. These buildings comprise part of an apartment complex, in effect, group building projects with common driveways, parking areas, open space areas, walkways and private on-site services and under one ownership.

At issue with respect to the proposed severance to provide for separate ownership of the individual buildings is that conversion of the individual buildings to condominiums is more readily facilitated by having each apartment on its own lot. In this regard, vacant possession of the individual buildings would more easily be achieved to allow for their renovation and subsequent rental at rents over the average market rent. This would then allow the condition precedent with respect to average market rents to be satisfied and would in the Department’s view undermine the intent of Policy 4.5. Achieving vacant possession to enable renovations where the buildings remain part of a larger rental facility to then allow for increasing rents above average market rent cannot as easily be achieved where the buildings continue to be under a single ownership on one parcel.

The Department therefore viewed the applications as a means of accelerating the potential loss of existing rental stock and thus contrary to the conversion policy set out in Section 4.5 of the Official Plan. Further, the condition precedent related to average market rents had not been satisfied and the applications were seen as contrary to the intent of the housing policies that are geared to ensuring the preservation of the affordable rental housing stock in the city to maintain a balanced housing market.

The approval of the applications by the Committee of Adjustment is contrary to the planning opinion advanced by the Department as set out in the Department’s comment included as Document 2. The Department considers the approval given to be a de facto statement by the Committee that Official Plan Policy 4.5.1 does not apply to the present type of application.

The Department, in initiating this appeal, is advancing the policies contained in Section 4.5.1 as they apply to this type of application. Staff participation in the Ontario Municipal Board hearing will reinforce Council’s position that the policies contained in Section 4.5.1 apply to any rental property whether accommodating one building or multiple buildings.

CONSULTATION

This report is not subject to public consultation. The owner has been advised of the date that the Report will be considered by the Planning and Environment Committee.

FINANCIAL IMPLICATIONS

Direct costs to the City would be comprised of the $125.00 fee to initiate an appeal, as well as the cost of Legal Services Branch and Planning, Transit and Environment Department staff preparing for and attending the Ontario Municipal Board hearing to defend the City's position. As representation is by City staff, the costs will be reflected within Departmental budgets.

APPLICATION PROCESS TIMELINE STATUS

This reports is not subject to the "On Time Review" process.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Departmental Comment to the Committee of Adjustment

Document 3 Committee of Adjustment Decision (File No. D08-01-06/B-00365 to D08-01-06/B-00370 and D08-01-06/B-00381; D08-01-06/B-00372 to D08-01-06/B-00380)

DISPOSITION

Department of Corporate Services, Legal Services Branch and the Planning, Transit and Environment Department to prepare for, and attend the Ontario Municipal Board Hearing.

LOCATION MAP DOCUMENT 1

DEPARTMENTAL COMMENTS TO COMMITTEE OF ADJUSTMENT DOCUMENT 2

PLANNING AND GROWTH MANAGEMENT DEPARTMENT

COMMENTS TO THE COMMITTEE OF ADJUSTMENT

To: Secretary-Treasurer

Committee of Adjustment

Prepared By: Krista Burgess

Hearing Date: November 1, 2006

Committee of Adjustment Application Number(s): D08-01-06/B-00365 to D08-01-06/B-00370; and D08-01-06/B-00381

Property Description: 1691, 1695, 1699, 1703 Carling Avenue, 748 Cole Avenue, 426, 432 Tillbury Avenue

Background

The Owner would like to subdivide its property into 7 separate parcels of land in order to create separate ownerships for each of the 7 existing 3-storey, 6-unit apartment buildings. In order to proceed in accordance with the plans filed, the Owner requires the Consent of the Committee for Conveyances, Partial Discharge of Mortgage/Charge, and Grants of Easements/Rights-of-Ways.

City of Ottawa Official Plan

General Urban Area (Section 3.6.1): This designation provides a full range and choice of housing types to meet the needs of all ages, incomes, and life circumstances, in combination with conveniently located employment, service, cultural, leisure, entertainment, and institutional uses. The City supports intensification and infill development within the General Urban Area in a manner that enhances and compliments the desirable characteristics and ensures the long-term viability of existing communities.

Implementation (Section 5): The Committee of Adjustment, when considering applications for consent, must take into consideration policy 5.2.4.1. This policy states that the Committee of Adjustment shall have regard to the policies of the Plan in its decisions on applications for consent.

Zoning By-law, 1998 / Zoning Comments

Residential R5B: Low-Rise Apartment Zone. This zone permits a range of dwelling types that are defined as ground oriented in the Official Plan, at medium densities. The R5B Subzone has provisions for minimum lot width and area in accordance with table 251.

Planning and Growth Management Department Comments / Conditions of Approval

Based on the review of the application and plans filed with the Committee of Adjustment, the Planning and Growth Management Department OBJECTS to the granting of the requested consents.

The Council Approved Official Plan speaks to the importance of affordable housing in Section 2.5.2, and to the protection of affordable rental housing stock in Section 4.5. Section 2.5.2 states, in part, that:

…

Policy 1 of section 2.5.5 reads as follows:

Affordable housing is defined as housing, either ownership or rental, for which a low- or moderate-income household pays no more than 30 per cent of its gross annual income. The City has set a target of 25 per cent of housing units available each year to be affordable to households at the 30th income percentile for rental and the 40th income percentile for ownership housing.

The policies to protect affordable rental housing stock are found in section 4.5 of the Council Approved Official Plan, which states as follows:

4.5 Housing

Policies

The conversion of rental housing with five or more rental units to condominium ownership or to freehold ownership as a result of applications such as, but not limited to, applications for severance of properties, is premature and not in the public interest unless the following two criteria are satisfied:

The rental vacancy rate by dwelling/structure type for the City of Ottawa as defined and reported yearly through the Canada Mortgage and Housing Corporation (CMHC) Rental Housing Market Survey has been at or above 3 per cent for the preceding two-year reporting period;
The existing market rents of the units proposed for conversion are at or above the average market rent levels for the corresponding CMHC survey zone in the City of Ottawa, as reported yearly by the CMHC Survey for rental units of a similar dwelling/structure and bedroom type.

The Department would advise that this policy applies to the subject lands. While the condition precedent to allowing the proposed severance related to vacancy rates as set out in the Official Plan is satisfied, no information has been provided by the applicant that the condition precedent related to average market rent is satisfied. In fact, based on preliminary discussions with the owner, the Department understands that the rents for the subject rental accommodation is below average market rent suggesting that this condition precedent is not being meet.

Further, while the department acknowledges that the consent will not result in freehold ownership of the units within the apartment buildings, the proposed severance will allow for separate ownership of each of the 7 apartment buildings that now comprise part of an apartment complex located on one property, in effect a group building project with common driveways, parking areas, open space areas and walkways and private on-site services and under one ownership. Separate ownership of the individual buildings with common elements would facilitate the conversion of the individual buildings to condominiums as vacant possession of the individual buildings may be able to be easily achieved to allow for their renovation and rental at rents over the average market rent to allow the condition precedent with respect to average market rents to be satisfied. Achieving vacant possession to enable renovations where the buildings remain part of a larger rental facility cannot as easily be achieved.

The Department sees the application as a means of accelerating the potential loss of this existing rental stock and contrary to not only the words of the policy set out in the Official Plan, as the condition precedent related to average market rents has not been satisfied, but is also contrary to the intent of the conversion policies of the Official Plan that are geared to ensuring that affordable rental accommodation will be retained to maintain a balanced housing market. The Department therefore asks that these applications be DISMISSED.

Planner Manager, Development Approvals

(or Designate)

PLANNING AND GROWTH MANAGEMENT DEPARTMENT

COMMENTS TO THE COMMITTEE OF ADJUSTMENT

To: Secretary-Treasurer

Committee of Adjustment

Prepared By: Krista Burgess

Hearing Date: November 1, 2006

Committee of Adjustment Application Number(s): D08-01-06/B-00372 to D08-01-06/B-00380

Property Description: 745 Cole Avenue; 381, 391, 401, 407 Tillbury Avenue; 721, 727 Roosevelt Avenue; 224 Melbourne Avenue

Background

The Owner would like to subdivide its property into 9 separate parcels of land in order to create separate ownerships for each of the 9 existing 3-storey, 6-unit apartment buildings. In order to proceed in accordance with the plans filed, the Owner requires the Consent of the Committee for Conveyances, Partial Discharge of Mortgage/Charge, and Grants of Easements/Rights-of-Ways.

City of Ottawa Official Plan

Zoning By-law, 1998 / Zoning Comments

Planning and Growth Management Department Comments / Conditions of Approval

The Official Plan speaks to the importance of affordable housing in Section 2.5.2, and to the protection of affordable rental housing stock in Section 4.5. Section 2.5.2 states, in part, that:

…

Policy 1 of section 2.5.5 reads as follows:

Affordable housing is defined as housing, either ownership or rental, for which a low- or moderate-income household pays no more than 30 per cent of its gross annual income. The City has set a target of 25 per cent of housing units available each year to be affordable to households at the 30th income percentile for rental and the 40th income percentile for ownership housing.

The policies to protect affordable rental housing stock are found in section 4.5 of the Council Approved Official Plan, which states as follows:

4.5 Housing

Policies

The conversion of rental housing with five or more rental units to condominium ownership or to freehold ownership as a result of applications such as, but not limited to, applications for severance of properties, is premature and not in the public interest unless the following two criteria are satisfied:

The rental vacancy rate by dwelling/structure type for the City of Ottawa as defined and reported yearly through the Canada Mortgage and Housing Corporation (CMHC) Rental Housing Market Survey has been at or above 3 per cent for the preceding two-year reporting period;
The existing market rents of the units proposed for conversion are at or above the average market rent levels for the corresponding CMHC survey zone in the City of Ottawa, as reported yearly by the CMHC Survey for rental units of a similar dwelling/structure and bedroom type.

Further, while the department acknowledges that the consent will not result in freehold ownership of the units within the apartment buildings, the proposed severance will allow for separate ownership of each of the 9 apartment buildings that now comprise part of an apartment complex located on one property, in effect a group building project with common driveways, parking areas, open space areas and walkways and private on-site services and under one ownership. Separate ownership of the individual buildings with common elements would facilitate the conversion of the individual buildings to condominiums as vacant possession of the individual buildings may be able to be easily achieved to allow for their renovation and rental at rents over the average market rent to allow the condition precedent with respect to average market rents to be satisfied. Achieving vacant possession to enable renovations where the buildings remain part of a larger rental facility cannot as easily be achieved.

Planner Manager, Development Approvals

(or Designate)

NOTICE OF DECISION DOCUMENT 3

COMMITTEE OF ADJUSTMENT

FOR THE CITY OF OTTAWA

DECISION

CONSENT

(Section 53 of the Planning Act)

File No.: D08-01-06/B-00365 to B-00370 & B-00381

Owner(s): 1218195 Alberta Ltd

Agent: Janet Bradley

Property Address: 1695, 1691, 1699, 1703 Carling Avenue, 748 Cole Avenue,

426, 432 Tillbury Avenue

Legal Description: Lot 11, 12, 13 & 14, Draft Ref. Plan, Reg. Plan No. 293677

Zoning: R5-BH (13.5)

By-Law: 1998

Ward: 15

Former Municipality: Ottawa

Notice was given and a Public Hearing was held on Wednesday, November 1^st, 2006, as required by the Planning Act.

PURPOSE OF THE APPLICATION:

The Owner wants to subdivide its property into 7 separate parcels of land in order to create separate ownerships of the 7 existing 3-storey, 6-unit apartment buildings.

CONSENT IS REQUIRED FOR THE FOLLOWING:

In order to do this, the Owner requires the Consent of the Committee for Conveyances, Partial Discharge of Mortgage/Charge and Grants of Easements/Rights-of-Ways. The Property is shown as Part Nos. 1-24 on a Draft 4R-Plan filed with the applications and the separate parcels would be as follows:

Application

Number Part Nos. Frontage Depth Area Municipal Address

B-00365 1, 2, 3 24.51 m 46.40 m 887.8 m² 432 Tillbury Avenue

(contains an existing 3-storey, 6 unit apartment bldg)

It is proposed to grant an easement for parking over Part 3 for the benefit of Parts 8, 9, a right-of-way for pedestrian/ vehicular access over Parts 5 & 8 and a right-of-way for pedestrian/vehicular access over Part 2 for the benefit of Parts 4-9.

B-00366 4, 5, 6, 7 25.77 m 37.34 m 856.1 m² 426 Tillbury Avenue

(contains an existing 3-storey 6-unit apartment bldg)

It is proposed to grant an easement for parking over Part 7 for the benefit of Parts 8, 9, a right-of-way for pedestrian/vehicular access over Parts 2, 8, and a right-of-way for pedestrian/vehicular access over Part 5 for the benefit of Parts 1-3 & Parts 8, 9.

B-00367 8, 9 10.01 m 30.69 m 546.1 m² 748 Cole Avenue

contains an existing 3-storey 6-unit apartment bldg)

It is proposed to grant an easement for parking over Parts 3, 7 a right-of-way for pedestrian/vehicular access over Part 8 for the benefit of Parts 1-7 and a right-of-way for pedestrian/vehicular access over Parts 2, 5.

B-00368 10, 12, 13 17.08 m 33.75 m 595.7 m² 1691 Carling Avenue

(contains an existing 3-storey, 6-unit apartment bldg)

It is proposed to grant an easement for parking over Part 19, a right-of-way for pedestrian/vehicular access over Parts 14, 21, 23 and a right-of-way for pedestrian/vehicular access over Part 12 for the benefit of Parts 11, 14-24.

B-00369 11, 14, 15 16.73 m 48.18 m 635.9 m² 1695 Carling Avenue

(contains an existing 3-storey 6-unit apartment bldg)

It is proposed to grant an easement for parking over Part 17, a right-of-way for pedestrian/vehicular access over Parts 12, 21, and a right-of-way for pedestrian/vehicular access over Part 14 for the benefit of Parts 10, 12, 13 & 16-24.

B-00370 19, 20, 23, 24 16.24 m 46.64 m 737.4 m² 1703 Carling Avenue

(contains an existing 3-storey 6-unit apartment bldg.)

It is proposed to grant an easement for parking over Part 19 for the benefit of Parts 10,12,13, a right-of-way for pedestrian/vehicular access over Parts 12,14,21, and a right-of-way over Part 23 for the benefit of Parts 10,12,13.

B-00381 16, 17, 18, 17.40 m 43.53 m 700.8 m² 1699 Carling Avenue

21, 22 (contains an existing 3-storey 6-unit apartment bldg.)

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

At the Hearing, Ms. J. Bradley, who appeared with Mr. Anand Aggarwal, the Owner of the property, indicated that a Joint Use & Common Elements Agreement would be necessary and that the request by the City’s Planning and Growth Management to have notice of Section 620 of the Zoning By-law apply to the severed lands could be incorporated into this Agreement. In this connection, the application was amended to include a Consent to such an Agreement.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS_GRANTED

AS AMENDED

In deliberating on the request by the City’s Planning and Growth Management Department to dismiss these applications on the grounds that the proposed severances will accelerate the potential loss of affordable rental housing stock which would be contrary to Section 4.5 of the City’s Official Plan, the Committee notes that the policy in question refers to “the conversion of rental housing with five or more rental units …”, and that these applications do not propose any conversion but seek only to sever the buildings in order to have individual ownership of each separate building. The Committee does not agree with the Department’s position that independent ownership of each individual building would make it easier to convert each building to condominium, since the policy in Section 4.5 of the Official Plan would continue to apply to each of the individually-owned 6-unit buildings after severance, and that any proposed conversion to condominium would require approval by the Municipality.

The Committee, having considered the evidence presented and reviewed the plans and correspondence on file and having had regard to the matters set out in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended, is satisfied that a plan of subdivision is not necessary or desirable for the proper and orderly development of the Municipality. The Committee therefore grants the provisional consent, subject to the following conditions, which must be fulfilled within a one-year period from the date of this Decision:

(1) That the Owner(s) enter into an Agreement with the Municipality to be registered on the Title of each of the severed properties or register some other Notice or document on Title, satisfactory to the City’s Legal Services, to advise all future purchasers of the applicability of Section 620 of Zoning By-law, 1998, and of the rights and obligations associated therewith. A copy of the Registered Agreement is to be filed with the Committee.

(2) That the Owner(s) file with the Secretary-Treasurer of the Committee, an Agreement to be entered into by the owner of the land which is to be binding upon the owner(s) and all subsequent purchasers to deal with the joint use and maintenance of common elements, where applicable, such as the common party walls, common structural elements such as roof, foundations, common areas, common driveways and common landscaping. The Owner(s) shall also file with the Committee, an opinion from a solicitor authorized to practice law in the Province of Ontario that the said agreement is binding upon the owners of the land and all subsequent purchasers, and is capable of being enforced by them, and deals with the matters above referred to. Such Agreement to be registered on title, the consent to the registration of which is hereby granted

(3) That the Owner(s) provide proof, to the satisfaction of the City’s Planning and Infrastructure Approvals Branch, that the existing storm, sanitary and water services are connected directly to City infrastructure. These services should not cross the proposed severed property and if they do cross, or are not independent, then the Owner(s) will be required to relocated or construct new services from the City sewers/watermain, at his/her costs.

(4) That the Owner(s) satisfy the requirements of Hydro Ottawa for a blanket easement.

(5) That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. The Reference Plan must conform substantially to the sketch filed with the Application for Consent.

(6) That upon completion of the conditions as outlined above, and within a one-year period from the date of this Decision, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for the Conveyances, Partial Discharge of Mortgage/Charge, Grants of Easements/Rights-of-Ways and Joint Use and Common Elements Agreement for which the Consent is required.

The Consent(s) lapses one year from the date of this Decision.

Please note that if a major change to a condition or conditions is requested, you will be entitled to receive Notice of the changes only if you have made a written request to be notified.

NOTICE OF RIGHT TO APPEAL:

To appeal this Decision to the Ontario Municipal Board, a letter, outlining the reasons for appeal, must be filed with the Secretary-Treasurer of the Committee of Adjustment by the 29^th day of November, 2006. The OMB has established a filing fee of $125.00 for an appeal with an additional filing fee of $25.00 for each secondary application. A cheque payable to the Ontario Minister of Finance must accompany the Notice of Appeal. If you have any questions about the appeal process please contact the Committee of Adjustment office.

Only individuals, corporations and public bodies may appeal Decisions in respect of applications for Consent to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of an individual who is a Member of the Association or group on its behalf.

DECISION SIGNATURE PAGE:

File No.: D08-01-06/B-00365 to B-00370 & B-00381

Owner: 1218195 Alberta Ltd

Property Address: 1695, 1691, 1699, 1703 Carling Avenue, 748 Cole Avenue,

426, 432 Tillbury Avenue

We, the undersigned, concur in the decision and reasons of the Committee of Adjustment:

(absent)

_____________________________

Robert Crête

Vice-Chair

(original signed) (original signed)

____________________________ ____________________________

David H. Chick Brendan Reid

(original signed) (original signed)

____________________________ ____________________________

Louis Comerton Barry Edgington

I, Heather MacLean, Secretary-Treasurer of the Committee of Adjustment for the City of Ottawa, certify that the attached is a true copy of the Decision of the Committee with respect to the application recorded therein.

(original signed)

Date of Decision: November 9, 2006_ _____________________________

Heather MacLean

Secretary-Treasurer

COMMITTEE OF ADJUSTMENT

FOR THE CITY OF OTTAWA

DECISION

CONSENT

(Section 53 of the Planning Act)

File No.: D08-01-06/B-00372 to D08-01-06/B-00380

Owner(s): 1218205 Alberta Ltd

Agent: Janet Bradley

Property Address: 745 Cole Avenue, 381, 391, 401, 407 Tillbury Avenue,

737 Cole Avenue

Legal Description: Lot/Block 3, Draft Ref. Plan. Reg. Plan No 310595

Zoning: R5-B

By-Law: 1998

Ward: 15

Former Municipality: Ottawa

Notice was given and a Public Hearing was held on Wednesday, November 1^st, 2006, as required by the Planning Act.

PURPOSE OF THE APPLICATION:

The Owner wants to subdivide its property into 9 separate parcels of land in order to create separate ownerships of the 9 existing 3-storey 6-unit apartment buildings.

CONSENT IS REQUIRED FOR THE FOLLOWING:

In order to do this, the Owner requires the Consent of the Committee for Conveyances, Partial Discharge of Mortgage/Charge, & Grants of Easements/Rights-of-Ways. The Property is shown as Part Nos. 25-45 on a Draft 4R-Plan filed with the applications and the separate parcels would be as follows:

Application

Number Part Nos. Frontage Depth Area Municipal Address

B-00372 25, 26 12.87 m 30.29 m 581.7 m² 737 Cole Ave.

(contains an existing 3-storey 6-unit apartment bldg.)

It is proposed to grant an easement for parking over Part 31, a right-of-way for pedestrian/vehicular access over Parts 28,30,33,36,40 & 43 and a right-of-way for pedestrians over Part 26 for the benefit of Parts 44 & 45.

B-00373 27, 28 21.03 m 22.03 m 674.4 m² 727 Roosevelt Ave.

(contains an existing 3-storey 6-unit

apartment bldg.)

It is proposed to grant an easement for parking over Part 29, a right-of-way for pedestrian/vehicular access over Parts 30,33,36,40 &43, and over Part 28 for the benefit of Parts 25, 26 & 39-45.

B-00374 29, 30, 31, 32 10.86 m 38.51 m 1278.7 m² 721 Roosevelt Ave.

(contains an existing 3-storey 6-unit apartment bldg.)

It is proposed to grant an easement for parking over Part 29 for the benefit of Parts 27, 28 and Part 31 for the benefit of Parts 25, 26, a right-of-way for pedestrian/vehicular access over Part 30 for the benefit of Parts 25-28 & 34-41 and a right-of-way over Parts 33, 36 & 40.

B-00375 33, 34 25.09 m 46.44 m 1166.3 m² 724 Melbourne Ave.

(contains a 3-storey 6 unit apartment bldg)

It is proposed to grant a right-of-way for pedestrian/vehicular access over Part 36 and over Part 33 for the benefit of Parts 25-32 & Parts 35-45.

B-00376 35 17.96 m 39.69 m 941.1 m² 381 Tillbury Ave.

(contains a 3-storey 6- unit apartment bldg)

It is proposed to grant a right-of-way for pedestrian/vehicular access over Part 36.

B-00377 36, 37, 38 30.29 m 36.11 m 1125.9 m² 391 Tillbury Ave.

(contains a 3-storey 6- unit apartment bldg)

It is proposed to grant an easement for parking over Part 38 for the benefit of Parts 44, 45, and a right-of-way for pedestrian/vehicular access over Part 36 for the benefit of Parts 25-35 and Parts 39-45, and a right-of-way for pedestrian/vehicular access over Parts 30, 33.

B-00378 39, 40, 41 35.02 m 35.87 m 1067.5 m² 401 Tillbury Ave.

(contains a 3-storey 6- unit apartment bldg)

It is proposed to grant an easement for parking over Part 41 for the benefit of Parts 44 & 45, a right-of-way for pedestrian/vehicular access over Parts 28,30,33 & 36 and a right-of-way for pedestrian/vehicular access over Part 40 for the benefit of Parts 25-33 & Parts 42-45.

B-00379 42, 43 22.64 m 36.92 m 728.4 m² 407 Tillbury Ave.

(contains a 3-storey 6- unit apartment bldg)

It is proposed to grant a right-of-way for pedestrian/ vehicular access over Parts 30, 33, 36 & 40, a right-of-way for pedestrian/vehicular access over Part 43 for the benefit of Parts 25-28 &, Parts 44, 45, and a right-of-way over Part 28.

B-00380 44, 45 14.19 m 28.66 m 630.2 m² 745 Cole Avenue

(contains a 3-storey 6- unit apartment bldg.)

It is proposed to grant an easement for parking over Parts 41, 38, a right-of-way for pedestrian/ vehicular access over Parts 28, 30, 33, 36, 40 & 43 and a right-of-way for pedestrian access over Part 26.

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

At the Hearing, Ms. J. Bradley, who appeared with Mr. Anand Aggarwal, the Owner of the property, indicated that a Joint Use & Common Elements Agreement would be necessary and that the request by the City’s Planning and Growth Management to have notice of Section 620 of the Zoning By-law applying to the severed lands could be incorporated in this Agreement. In this connection, the application was amended accordingly.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS_GRANTED

AS AMENDED

The Committee does not agree with the Department’s position that separate ownership of each individual building would make it easier to convert each building to condominium, since the policy in Section 4.5 of the Official Plan would continue to apply to each of the individually-owned 6-unit buildings after the proposed severance and that any proposed conversion to condominium would require approval by the Municipality.

(2) That the Owner(s) file with the Secretary-Treasurer of the Committee, an agreement to be entered into by the owner of the land which is to be binding upon the owner(s) and all subsequent purchasers to deal with the joint use and maintenance of common elements, where applicable, such as the common party walls, common structural elements such as roof, foundations, common areas, common driveways and common landscaping. The Owner(s) shall also file with the Committee, an opinion from a solicitor authorized to practice law in the Province of Ontario that the said agreement is binding upon the owners of the land and all subsequent purchasers, and is capable of being enforced by them, and deals with the matters above referred to. Such agreement to be registered on title, the consent to the registration of which is hereby granted

(4) That the Owner(s) satisfy the requirements of Hydro Ottawa for a blanket easement.

The Consent(s) lapses one year from the date of this Decision.

Please note that if a major change to a condition or conditions is requested, you will be entitled to receive Notice of the changes only if you have made a written request to be notified.

NOTICE OF RIGHT TO APPEAL:

DECISION SIGNATURE PAGE:

File No.: D08-01-06/B-00372 to D08-01-06/B-00380

Owner: 1218205 Alberta Ltd

Property Address: 745 Cole Avenue, 381,391,401,407 Tillbury Avenue, 737 Cole Avenue

We, the undersigned, concur in the decision and reasons of the Committee of Adjustment:

(absent)

_____________________________

Robert Crête

Vice-Chair

(original signed) (original signed)

____________________________ ____________________________

David H. Chick Brendan Reid

(original signed) (original signed)

____________________________ ____________________________

Louis Comerton Barry Edgington

(original signed)

Date of Decision: November 9, 2006_ _____________________________

Heather MacLean

Secretary-Treasurer

Recommandation modifiÉe du Comité

RECOMMANDATION DU RAPPORT

APPLICATION PROCESS TIMELINE STATUS

DISPOSITION

LOCATION MAP DOCUMENT 1

PLANNING AND GROWTH MANAGEMENT DEPARTMENT

COMMENTS TO THE COMMITTEE OF ADJUSTMENT

Committee of Adjustment

Background

PLANNING AND GROWTH MANAGEMENT DEPARTMENT

COMMENTS TO THE COMMITTEE OF ADJUSTMENT

Committee of Adjustment

Background

NOTICE OF RIGHT TO APPEAL:

Date of Decision: __November 9, 2006___ _____________________________

NOTICE OF RIGHT TO APPEAL:

Date of Decision: __November 9, 2006___ _____________________________

Date of Decision: November 9, 2006_ _____________________________

Date of Decision: November 9, 2006_ _____________________________