Memo to Community Council Members in Overbrook

Re: 1123 North River Road Minor Variance/Permission Application

File No. D08-02-08/A-00161 Ward: 13 Rideau-Rockcliffe

Legal Description: Part Lot 9, Junction Gore Zone: R5D

Zoning Bylaw: 1998 Owner(s): Emilio Binavince

Greetings to Community Council Residents in Overbrook:

Thank you for attending the meeting hosted by Jacques Legendre, Councillor, on June 9.

Please note that :

The Hearing at the Committee of Adjustment is Wednesday, July 2, 2008

Time: 1:00 p.m. – 4:30 p.m.

Location: Ben Franklin Place, The Chamber, Main Floor,

101 Centrepointe Drive

(This is the revised date as a result of CCO request for postponement from the original date of June 4. Many of you received the original notice, but will not receive a second, revised notice. I have attached the original.)

If you have concerns about the 1123 North River Road Minor Variance/Permission Application, you are urged to:

1.Write or email the Committee of Adjustment ( ) and Heather Maclean,

Co-ordinator of the Committee of Adjustment () no later than July 2, 2008. Your Letter of Concern should contain comments related to the “4 tests” outlined in Section 45 of the Planning Act. Ie.

Each application for minor variance is heard on its own merits, and the question of whether or not the variances being sought by an Owner are minor or not, will be decided by the Committee itself, based on the evidence that is presented. There are 4 "tests" set out in Section 45 of the Planning Act which the Committee must find are being met in order to approve a minor variance. These can be found on the City's Web page under Committee of Adjustment. They are:

1. Is the variance minor?

2. Is the variance desirable for the appropriate development or use of the land?

3. Does the variance meet the general purpose and intent of the Official Plan?

4. Does the variance meet the general purpose and intent of the Zoning By-law?

The determination of "minor" is relevant to the particular circumstances and is not mathematical. There is case law where a complete elimination of a by-law requirement was considered to be minor under the circumstances.

2. Petition: is being circulated to residents “objecting to the variance applied for because they would result in a building very much out of scale and far too large on this site and in this community”.

3.Attend the Hearing at the Committee of Adjustment on Wednesday, July 2, 2008 at 1:00 p.m. In order to save on gas, we will try to car pool. Please let me know by Monday, June 30 if you need a drive.

4.Speak at the Hearing: Although the Community Council of Overbrook will speak at the Hearing, please note that individual members of the Overbrook Community are invited to voice their concerns. Please let me know if you wish to speak, so that we can co-ordinate our efforts.

Thank you for your support to the Community Council of Overbrook!

Sheila Perry, President

Our next Community Council Meeting is Monday, July 7 @ 7:30 p.m. at the Overbrook Community Centre.