Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 20, 2026
CASE NO(S).:
OLT-25-000470
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
1679 Grasmere Holdings Inc.
Subject:
Consent
Description:
Consent and Minor Variance to sever a property into two lots and permit development of semi-detached dwellings
Reference Number:
D08-01-25/B-00071
Property Address:
1679 Grasmere Crescent
Municipality/UT:
Ottawa/Ottawa
OLT Case No.:
OLT-25-000470
OLT Lead Case No.:
OLT-25-000470
OLT Case Name:
1679 Grasmere Holdings Inc. v. Ottawa (City)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
1679 Grasmere Holdings Inc.
Subject:
Minor Variance
Description:
Consent and Minor Variance to sever a property into two lots and permit development of semi-detached dwellings
Reference Number:
D08-02-25/A-00082
Property Address:
1679 Grasmere Crescent
Municipality/UT:
Ottawa/Ottawa
OLT Case No.:
OLT-25-000469
OLT Lead Case No.:
OLT-25-000470
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
1679 Grasmere Holdings Inc.
Subject:
Minor Variance
Description:
Consent and Minor Variance to sever a property into two lots and permit development of semi-detached dwellings
Reference Number:
D08-01-25/A-00083
Property Address:
1679 Grasmere Crescent
Municipality/UT:
Ottawa/Ottawa
OLT Case No.:
OLT-25-000483
OLT Lead Case No.:
OLT-25-000470
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
1679 Grasmere Holdings Inc.
Subject:
Minor Variance
Description:
Consent and Minor Variance to sever a property into two lots and permit development of semi-detached dwellings
Reference Number:
D08-01-25/B-00072
Property Address:
1679 Grasmere Crescent
Municipality/UT:
Ottawa/Ottawa
OLT Case No.:
OLT-25-000484
OLT Lead Case No.:
OLT-25-000470
Heard:
August 25, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
1679 Grasmere Holdings Inc.
R. Aburto
A. Mihailescu
City of Ottawa
Did not attend
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON AUGUST 25, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This hearing was convened to consider the appeals by 1679 Grasmere Holdings Inc. (“Appellant”) of the decision of the City of Ottawa (“City”) Committee of Adjustment (“COA”) made on May 20, 2025 to refuse the minor variances against City By-Law 2008-250.
2The applicant is proposing to subdivide their property into two separate parcels of land to construct a long semi-detached dwelling, with additional dwelling units, on each parcel. The existing dwelling will be demolished.
3The application indicates the property as parts 1 to 4.
4The consent requests are as follows:
Address
Frontage
Depth
Area
Parcel 1
1679 Grasmere Parts 1 & 2
9.13 metres (“m”)
45.72 m
417.8 sq. metres
Parcel 2
1679 Grasmere Parts 1 & 2
9.13 m
45.72 m
417.8 sq. metres
5It is proposed that Easements/Rights‑of‑Way be established as follows:
An easement over Part 2 in favour of Parts 3 and 4 to provide vehicular access.
An easement over Part 3 in favour of Parts 1 and 2 to provide vehicular access.
6The application will result in the creation of separate land parcels and a proposed development that do not meet the Zoning By-law requirements. Accordingly, minor variance applications were submitted at the same time as the consent application.
7The variances sought are the following:
Address
Proposes Lot Width
Required Lot Width
Proposed rear yard setback
Required rear yard setback
1679 Grasmere Part 1 & 2
9.13 m
10 m
28.04% of lot depth or 12.82m
30% of lot depth or 13.72m
1679 Grasmere Part 3 & 4
9.13 m
10 m
28.04% of lot depth or 12.82m
30% of lot depth or 13.72m
STATUS REQUEST
8The Tribunal was informed of Participant Status requests by;
Ryszard Dabkowski
Nicole Gibeau
Emily Norgand
Michael Furlong
9There were no objections to the request.
10The Tribunal granted Participant status to all requests,
SUBMISSIONS
11The Tribunal heard opinion evidence from two witnesses.
For the Applicant:
Ms. Nivethini Jekku Einkaran, Land Use Planner for the City, under Subpoena
Mr. Arjan Soor, Land Use Planner Partner with Novatech Engineers.
12All witnesses were qualified with no objections and affirmed to provide expert evidence.
13The Tribunal was informed that the City would not attend the hearing but, was in receipt of the Planning Report prepared by Ms. Einkaran and staff of the Planning and Building Services dated May 1, 2025.
14The report supported the requested variances with the following conditions;
That the Owner(s) provide evidence that payment has been made to the City of Ottawa for cash-in-lieu of the conveyance of land for park or other public recreational purposes, plus applicable appraisal costs. The value of land otherwise required to be conveyed shall be determined by the City of Ottawa in accordance with the provisions of By-Law No. 2022-280, as amended. Information regarding the appraisal process can be obtained by contacting the Planner.
That the Owner(s) provide evidence to the satisfaction of the Chief Building Official, or designate, that the existing dwelling been demolished or relocated under the authority of a building permit.
That the Owner/Applicant(s) provide a revised site and grading plan with the locations of proposed elements (buildings, driveways, services, grading, etc.) designed to reduce any excavation within the Critical Root Zones of protected trees and/or to provide sufficient soil volume to plant new trees, to the satisfaction of the Manager of the relevant Branch within the Planning, Development and Building Services Department, or their designate(s). The Tree Information Report must be revised to reflect changes to the site plan and to show accurate tree protection areas and provide specific mitigation measures.
That the Owner(s) provide evidence, to the satisfaction of both the Chief Building Official and the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designates, that both severed and retained parcels have their own independent water, sanitary and storm connection as appropriate, that these services do not cross the proposed severance line and are connected directly to City infrastructure. Further, the Owner(s) shall comply to 7.1.5.4(1) of the Ontario Building Code, O. Reg. 332/12 as amended. If necessary, a plumbing permit shall be obtained from Building Code Services for any required alterations.
That the Owner(s) enter into a Joint Use and Maintenance Agreement, at the expense of the Owner(s), setting forth the obligations between the Owner(s) and the proposed future owners with respect to the joint use and maintenance of all common elements including, but not limited to, common areas, common driveways and common landscaping. The Owner shall ensure that the Agreement is binding upon all unit owners and successors in title and shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or City Legal Services. The Committee shall be provided written confirmation that the Agreement is satisfactory to the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or is satisfactory to City Legal Services, as well as a copy of the Agreement and confirmation that it has been registered on title.
The Owner(s) shall: prepare a Noise Control Study, in compliance with the City of Ottawa Environmental Noise Control Guidelines, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. The Owner(s) shall enter into an agreement with the City, at the expense of the Owner(s), that requires the Owner(s) to implement any noise control attenuation measures recommended in the approved study. The Agreement shall also deal with any covenants/notices, recommended in the approved study, that shall run with the land and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise (arterial, highway, airport, etc.). The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
OR
Design the dwelling units with the provision for adding central air conditioning at the occupant’s discretion and enter into an Agreement with the City, at the expense of the Owner, which is to be registered on title to deal with the covenants/ notices that shall run with the land and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
The following two conditions will be included in the above noted Agreement:
Notices-on-Title respecting noise:
i. “The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledge being advised that this dwelling unit has been fitted with a forced air heating system and the ducting, etc. was sized to accommodate central air conditioning. Installation of central air conditioning by the Purchaser/Lessee will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the City of Ottawa’s and the Ministry of the Environment and Climate Change's noise criteria;” and
ii. “The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledge being advised that noise levels due to increasing roadway traffic may be of concern, occasionally interfering with some activities of the dwelling occupants as the outdoor sound level exceeds the City of Ottawa’s and the Ministry of the Environment and Climate Change’s noise criteria.”
That the Owner(s) provide proof that a grading and drainage plan, prepared by a qualified Civil Engineer, licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, delineating the existing and proposed grades for both the severed and retained lands has been provided to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) enter into a Resurfacing Agreement with the City, to the satisfaction of the Program Manager, Right of Way Branch within the Planning, Development and Building Services Department, or their designate, and provide financial security in accordance with the Road Activity By-law, as amended, to install an asphalt overlay over the roadway surface of Grasmere Crescent, fronting the subject lands, to the limits shown on the approved Site Servicing Plan. Where the approved Site Servicing Plan demonstrates the resurfacing is not required, based on the City’s Road Cut Resurfacing Policy, the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, shall deem this condition satisfied.
That the Owner(s) provide a Stormwater Management Report, prepared by a Professional Civil Engineer, licensed in the Province of Ontario, demonstrating a design for post-development stormwater peak flows that are controlled to predevelopment peak flows for all stormwater events up to and including the 100year storm event. The report shall be to the satisfaction of and approved by the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
If the Stormwater Management Report includes infiltration techniques, the Owner(s) must provide a supporting Geotechnical Brief prepared by a Professional Civil Engineer licensed in the Province of Ontario, for approval by the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) enter into a Development Agreement with the City to construct the required stormwater system, including posting required securities. A copy of the Agreement and written confirmation from City Legal Services that it has been registered on title, shall be forwarded to the Committee of Adjustment.
If applicable, the Owner(s) shall obtain an Environmental Compliance Approval from the Ontario Ministry of Environment, Conservation and Parks.
Should the stormwater management system cross property lines or access to the system be over multiple properties, that the owner will seek approval of the Committee to grant easement(s) for access and maintenance of the stormwater system or register a Joint Use and Maintenance Agreement on title of the properties, all at the owner(s) costs.
- That the Owner(s) provide a Site Servicing Study/Brief, prepared by a Professional Civil Engineer, licensed in the Province of Ontario, outlining the municipal servicing requirements, including fire flow requirement, for each unit and indicating, if required, that capacity exists within existing City infrastructure. The study shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
LEGISLATIVE TESTS
15Through Mr. Soor and the Ms. Einkaren’s Staff report, the Tribunal was advised of the relevant criteria that were presented to support the requested variances against the four legislative tests described below.
Maintain the general intent of the Official Plan
16The Tribunal heard that the proposed development and its associated variances support the objective of directing 51% of new growth to areas of intensification.
17The development, with the requested variances, represents appropriate low-rise intensification within an area already serviced by municipal water and sewer infrastructure, and aligns with applicable transect and overlay policy directions.
18The project also offers context sensitive housing options through a suitable low rise built form and massing, contributing to the supply of missing middle housing.
19At 2.5 storeys in height, the proposed building remains within the low-rise range and is consistent with the existing built form in the surrounding neighbourhood. The development is compatible with the local context and includes features such as soft landscaping and grade level entrances.
20The proposal supports the transition toward a 15-minute community model by locating new residential intensification in a walkable, low rise, ground oriented form close to a mix of uses and public transit.
21By providing a type of missing middle housing that fits the established neighbourhood, the development helps accommodate residential growth and adds to the diversity of ground oriented dwelling options in the area.
22Overall, the requested variances facilitate a range of low-rise housing choices, assisting in meeting growth management targets identified in the Official Plan and advancing the production of missing middle housing close to amenities and transit, thereby strengthening 15-minute communities.
23The proposal maintains the Intent of the Official Plan
Maintain the general intent of the Zoning By-law
24The Tribunal was advised that the subject property is located in Area C on Schedules 1A, where the Zoning By-law requires one parking space per principal dwelling unit, and that no parking space is required for any Additional Dwelling Unit. The proposed development complies with these requirements by providing one principal dwelling unit and Additional Dwelling Units within each half of the long semi detached dwellings.
25The proposal also satisfies the applicable performance standards for rear yard soft landscaping as well as the standards related to the proportion of the rear yard that may be used for parking and driveways.
26It was confirmed that long semi detached dwellings are permitted on interior lots wherever semi detached dwellings are permitted within the R2 Zone.
27With the requested variances, the proposed development upholds the intent of the Zoning By-law by introducing two long semi detached buildings, each containing one principal dwelling unit and Additional Dwelling Units within each half. The development is compatible with the established land use pattern, maintains the area’s low rise residential character, and adds to the range of housing options permitted within the R2 Zone.
28The proposal maintains the general intent of the Zoning By-Law
Desirable development & Minor in Nature
29The Tribunal was informed that the proposal enhances the range of housing options in the neighbourhood and supports growth through appropriate intensification by introducing multi bedroom units, contributing to family sized housing choices.
30The resulting built form is compatible with the surrounding area, which already contains numerous semi detached dwellings.
31The proposed lot width and rear yard setback are comparable to those of nearby properties and do not represent a significant departure from existing conditions.
32The lot area exceeds the minimum zoning requirement, ensuring sufficient space to comfortably accommodate the development.
33From the street, neither the lot width variance nor the rear yard setback variance would be noticeable.
34The proposal is both desirable and minor in nature.
FINDINGS
35The hearing before the Tribunal is a hearing de novo, and the onus of satisfying the Tribunal that the application meets these tests remains on the Applicant.
36The Tribunal’s authority to authorize variances is given under s. 45(1) of the Act, which sets out the four above tests that must be satisfied by an Applicant when making an application for the authorization of variances.
37The Tribunal accepts and agrees with the testimony of Mr. Soor and the City Staff report.
38The Tribunal agrees that the lot configuration, the scale of the proposed building, and the proposal’s ability to uphold the intent of the R2F zone demonstrate that the requested minor variances are appropriate and will have little to no impact on neighbouring properties. Granting the variances will enable the development to proceed in a manner that aligns with the Official Plan and reflects the expectations of the surrounding community.
39The Tribunal is further satisfied that the required City’s Conditions for approval, as marked as Attachment “1”, will satisfy any discrepancies that may arise
40Furthermore, the City’s report not to oppose these variances provides added credibility to the appeal, and the Tribunal determines the appeal should be allowed.
41The Tribunal finds that the consent and minor variances applications are good planning is in the public interest, and that the four tests of the Act are met. The Tribunal finds that the applications have regard for the matters in s.2 of the Planning Act, are consistent with the Provincial Planning Statement 2024 and conform to the City Official Plan.
ORDER
42THE TRIBUNAL ORDERS THAT the appeals are allowed and the provisional consent is to be given subject to the conditions set out in Attachment 1 to this Order.
43THE TRIBUNAL ORDERS THAT the appeal is allowed and the variances to By-law 2008-250 are authorized subject to the conditions set out in Attachment 1 to this
Order which shall be complied with to the satisfaction of the City of Ottawa.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
That the Owner(s) provide evidence that payment has been made to the City of Ottawa for cash-in-lieu of the conveyance of land for park or other public recreational purposes, plus applicable appraisal costs. The value of land otherwise required to be conveyed shall be determined by the City of Ottawa in accordance with the provisions of By-Law No. 2022-280, as amended. Information regarding the appraisal process can be obtained by contacting the Planner.
That the Owner(s) provide evidence to the satisfaction of the Chief Building Official, or designate, that the existing dwelling been demolished or relocated under the authority of a building permit.
That the Owner/Applicant(s) provide a revised site and grading plan with the locations of proposed elements (buildings, driveways, services, grading, etc.) designed to reduce any excavation within the Critical Root Zones of protected trees and/or to provide sufficient soil volume to plant new trees, to the satisfaction of the Manager of the relevant Branch within the Planning, Development and Building Services Department, or their designate(s). The Tree Information Report must be revised to reflect changes to the site plan and to show accurate tree protection areas and provide specific mitigation measures.
That the Owner(s) provide evidence, to the satisfaction of both the Chief Building Official and the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designates, that both severed and retained parcels have their own independent water, sanitary and storm connection as appropriate, that these services do not cross the proposed severance line and are connected directly to City infrastructure. Further, the Owner(s) shall comply to 7.1.5.4(1) of the Ontario Building Code, O. Reg. 332/12 as amended. If necessary, a plumbing permit shall be obtained from Building Code Services for any required alterations.
That the Owner(s) enter into a Joint Use and Maintenance Agreement, at the expense of the Owner(s), setting forth the obligations between the Owner(s) and the proposed future owners with respect to the joint use and maintenance of all common elements including, but not limited to, common areas, common driveways and common landscaping. The Owner shall ensure that the Agreement is binding upon all unit owners and successors in title and shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or City Legal Services. The Committee shall be provided written confirmation that the Agreement is satisfactory to the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or is satisfactory to City Legal Services, as well as a copy of the Agreement and confirmation that it has been registered on title.
The Owner(s) shall: prepare a Noise Control Study, in compliance with the City of Ottawa Environmental Noise Control Guidelines, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. The Owner(s) shall enter into an agreement with the City, at the expense of the Owner(s), that requires the Owner(s) to implement any noise control attenuation measures recommended in the approved study. The Agreement shall also deal with any covenants/notices, recommended in the approved study, that shall run with the land and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise (arterial, highway, airport, etc.). The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
Or
Design the dwelling units with the provision for adding central air conditioning at the occupant’s discretion and enter into an Agreement with the City, at the expense of the Owner, which is to be registered on title to deal with the covenants/ notices that shall run with the land and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
The following two conditions will be included in the above noted Agreement:
Notices-on-Title respecting noise:
i) “The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that this dwelling unit has been fitted with a forced air heating system and the ducting, etc. was sized to accommodate central air conditioning. Installation of central air conditioning by the Purchaser/Lessee will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the City of Ottawa’s and the Ministry of the Environment and Climate Change's noise criteria;” and
ii) “The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that noise levels due to increasing roadway traffic may be of concern, occasionally interfering with some activities of the dwelling occupants as the outdoor sound level exceeds the City of Ottawa’s and the Ministry of the Environment and Climate Change’s noise criteria.”
That the Owner(s) provide proof that a grading and drainage plan, prepared by a qualified Civil Engineer, licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, delineating the existing and proposed grades for both the severed and retained lands has been provided to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) enter into a Resurfacing Agreement with the City, to the satisfaction of the Program Manager, Right of Way Branch within the Planning, Development and Building Services Department, or their designate, and provide financial security in accordance with the Road Activity By-law, as amended, to install an asphalt overlay over the roadway surface of Grasmere Crescent, fronting the subject lands, to the limits shown on the approved Site Servicing Plan. Where the approved Site Servicing Plan demonstrates the resurfacing is not required, based on the City’s Road Cut Resurfacing Policy, the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, shall deem this condition satisfied.
That the Owner(s) provide a Stormwater Management Report, prepared by a Professional Civil Engineer, licensed in the Province of Ontario, demonstrating a design for post-development stormwater peak flows that are controlled to predevelopment peak flows for all stormwater events up to and including the 100year storm event. The report shall be to the satisfaction of and approved by the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
If the Stormwater Management Report includes infiltration techniques, the Owner(s) must provide a supporting Geotechnical Brief prepared by a Professional Civil Engineer licensed in the Province of Ontario, for approval by the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) enter into a Development Agreement with the City to construct the required stormwater system, including posting required securities. A copy of the Agreement and written confirmation from City Legal Services that it has been registered on title, shall be forwarded to the Committee of Adjustment.
If applicable, the Owner(s) shall obtain an Environmental Compliance Approval from the Ontario Ministry of Environment, Conservation and Parks.
Should the stormwater management system cross property lines or access to the system be over multiple properties, that the owner will seek approval of the Committee to grant easement(s) for access and maintenance of the stormwater system or register a Joint Use and Maintenance Agreement on title of the properties, all at the owner(s) costs.
- That the Owner(s) provide a Site Servicing Study/Brief, prepared by a Professional Civil Engineer, licensed in the Province of Ontario, outlining the municipal servicing requirements, including fire flow requirement, for each unit and indicating, if required, that capacity exists within existing City infrastructure. The study shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.