Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
October 17, 2025
Panel:
3 - Rural
File:
D08-02-25/A-00169
Application:
Minor Variance under section 45 of the Planning Act
Applicant:
Ter-Den Farms Inc.
Property Address:
2866 Wilhaven Drive
Ward:
19 - Orléans South-Navan
Legal Description
Lot B, Concession 4, Geographic Township of Cumberland
Zoning:
AG1
Zoning By-law:
2008-250
Heard:
October 7, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a new barn, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Applicant requests that the Committee authorize minor variances from the Zoning By-law:
a) To permit a reduced Minimum Distance Separation setback of 163 metres for the livestock occupied area of the barn, whereas the Zoning By-law requires a Minimum Distance Separation setback of 328 metres.
b) To permit a reduced Minimum Distance Separation setback of 202 metres for the livestock occupied area of the barn to the solid manure pack, whereas the Zoning By-law requires a Minimum Distance Separation setback of 328 metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Hugh Metcalfe, agent for the Applicant, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request. Mr. Metcalfe explained that permitting reduced setbacks from the livestock area and solid manure pack for the proposed barn to the nearest “Type B” land uses would allow it to be constructed close to existing dairy farm operation buildings and away from productive farmland, the drilled well, and surface water on the property. He also explained that it would be close to the existing liquid manure storage tank, which has adequate capacity to support the proposal, eliminating the need to construct additional storage and minimizing the risk of environmental impacts.
5City Planner Wendy Yang submitted that Minimum Distance Separation requirements should not be varied to mitigate land use conflict.
6B. Beaton of Ter-Den Farms Inc., the Applicant, confirmed that the dairy farm has operated at this location for seven generations.
7Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
8The Committee has the power to authorize a minor variance from the provisions of the Zoning By-law if, in its opinion, the application meets all four requirements under subsection 45(1) of the Planning Act. It requires consideration of whether the variance is minor, is desirable for the appropriate development or use of the land, building or structure, and whether the general intent and purpose of the Official Plan and the Zoning By-law are maintained.
Evidence
9Evidence considered by the Committee included all oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
Application and supporting documents, including cover letter, plans, photo of the posted sign, and a sign posting declaration.
City Planning Report received October 2, 2025, with concerns.
Rideau Valley Conservation Authority email received October 3, 2025, with no objections.
Hydro Ottawa email received October 1, 2025, with no comments.
Petition signed by 29 residents email received August 29, 2025, in support
S. Rocheleau email received October 6, 2025, in support.
Effect of Submissions on Decision
10The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
11Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
12The Committee notes that the City’s Planning Report raises “concerns” regarding the application, highlighting that “the general intent and purpose of the Zoning By-law is not maintained.” However, the Committee also notes the evidence of the Applicant’s agent that the Minimum Distance Separation guidelines allow for the consideration of MDS setback reductions to address issues related to expansions of existing operations. The Committee also finds that the evidence presented adequately addresses matters related to surrounding land uses, environmental concerns, safety and practicality, as required by the MDS guidelines.
13The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties., and area residents who submitted written comments were unanimously supportive of the proposal.
14Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variance is, from a planning and public interest point of view, desirable for the appropriate development or use of the land, building or structure on the property, and relative to the neighbouring lands.
15The Committee also finds that the requested variance maintains the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.
16In addition, the Committee finds that the requested variance maintains the general intent and purpose of the Zoning By-law because the proposal represents orderly development that is compatible with the surrounding area.
17Moreover, the Committee finds that the requested variance are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
18THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the variances to the Zoning By-law are authorized, subject to the location and size of the proposed construction complying with the site plans filed with the Committee of Adjustment on August 25, 2025, as they relate to the requested variance.
Absent TERENCE OTTO VICE-CHAIR
"Gary Duncan" GARY DUNCAN MEMBER
Absent BETH HENDERSON MEMBER
Absent MARTIN VERVOORT MEMBER
"Jocelyn Chandler" JOCELYN CHANDLER ACTING PANEL CHAIR
“George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" HEATHER MACLEAN MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated October 17, 2025. “Michel Bellemare” MICHEL BELLEMARE SECRETARY-TREASURER
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on November 6, 2025.
OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal. First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.
BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.
IN PERSON – Appeal packages can be delivered to the Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the appeal form if you wish to pay by credit card.
Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.
The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application.
Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.
There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.
If you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal
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