Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 16, 2026
CASE NO(S).: OLT-25-000589
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Paulette Samuels
Subject: Minor Variance
Description: To permit a building addition to the existing dwelling
Reference Number: A19/25
Property Address: 7 Urwin Street
Municipality/UT: Ajax/Durham
OLT Case No.: OLT-25-000589
OLT Lead Case No.: OLT-25-000589
OLT Case Name: Samuels v. Ajax (Town)
Heard: December 05, 2025 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Paulette Samuels | Self-represented* |
DECISION DELIVERED BY K. Hewitt AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arise from an appeal filed by Paulette Samuels (“Appellant”) pursuant to section 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, in respect of the refusal by the Town of Ajax (“Town”) Committee of Adjustment (“CoA”) seeking relief from certain provisions of the Town’s Zoning By-law No. 95-2003 (“By-law 95-2003”), to construct a one-storey rear addition to the existing dwelling. The variances requested are to allow for a rear setback of 3 metres (“m”), whereas By-law 95-2003 requires 7.5 m, and to permit maximum lot coverage of 54%, whereas By-law 95-2003 permits a maximum of 47% under Exception 97. The property is known municipally as 7 Urwin Street, in the Town (“subject property”).
BACKGROUND
2The subject property currently contains a two-storey detached dwelling. The addition being applied for will serve as a secondary dwelling unit, which the Appellant plans to reside in and ultimately rent out the existing dwelling.
3The subject property is designated Low Density Residential (LDR) under the Town Official Plan (“OP”), subject to Area Specific Policy 6.2. The designation supports uses such as detached, semi-detached, duplex, linked and townhouse dwellings at a maximum density of 30 units per net hectare. The subject property is zoned Residential One-‘D’ (R1-D), with Exception 97, which regulates development standards, including lot coverage and rear yard setbacks.
4The property is located on the north side of Urwin Street, between the east and west legs of Wilsongary Circle. It is surrounded by low-density residential uses, including both detached and semi-detached dwellings. The rear yard currently contains a gazebo, which the Appellant has indicated she will remove to accommodate the proposed addition.
5The Town’s planning staff recommended approval of the Appellant’s Minor Variance (“MV”) application in front of the CoA. Staff recommended that the CoA approve the MV application subject to the following conditions. First, the variances only apply to the subject property and that the proposed development be substantially in accordance with the drawings submitted with the MV application. Second, that the owner maintains the existing drainage patterns on the subject property. Third, that all exiting accessory buildings and structures, including the gazebo, be removed. Fourth, that the owner obtain all necessary building permits from the Town. Failure to comply with any of these conditions will render the decision null and void.
THE HEARING
6The Appellant was in attendance representing herself. Town staff indicated that they would not be in attendance and maintained the same position regarding this MV application that they support it, subject to the four conditions as outlined in paragraph [5] above. No other persons were in attendance, therefore no one sought party or participant status. Other that the notes from the CoA meeting, no further letters of objections were submitted.
7In an effort to gain more insight and information, the Tribunal asked the Appellant if she was comfortable with the Town staff report and its conditions attached to the approval of her MV application. The rationale behind the drawings was that she had not had fully completed drawings in time for the CoA meeting and that the drawings left some room for ambiguity. Since, and at the time of the submission to the Tribunal, she has in fact completed the drawings in full and they are attached as part of the Book of Documents, Exhibit 1.
8While the Appellant was prepared to answer further questions, there was nothing more required from her and that the Tribunal was satisfied that it could come to a decision with the submitted Book of Documents (Municipal Records).
THE FOUR TESTS
9The four tests the Tribunal must have regard for when assessing a MV application are as follows:
a) The application maintains the general intent and purpose of the official plan;
b) The application maintains the general intent and purpose of the zoning by-law;
c) The requested variance is minor in nature; and
d) The requested variance is desirable for the appropriate development or use of the land, building, or structure.
10The Tribunal confirms that it has received, reviewed, and considered the following materials and submissions:
- Exhibit 1: Book of Documents (Municipal Records)
Conclusion
11After thorough review of all materials, the Tribunal is in agreement with the Town staff. This MV application maintains the general intent and purpose of the OP and By-law 95-2003 Area Specific Policy 6.2. The variances are minor in nature and the proposal is an appropriate use of the subject property and consistent with the surrounding neighbourhood.
ORDER
12THE TRIBUNAL ORDERS THAT the appeal is allowed and the variance(s) to Zoning By-law No. 95-2003 is authorized, subject to the following conditions:
That the subject variances apply only to the property municipally known as 7 Urwin Street (“subject property”), substantially in accordance with the drawings submitted with this Minor Variance application;
That the existing drainage on the subject property be maintained;
That all existing accessory buildings and structures on the subject property be removed;
That the Owner obtain all necessary building permits from the Town of Ajax.
“K. Hewitt”
K. HEWITT 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.