Martins (Re), 2025 CanLII 111989

Committee of Adjustment

Comité de dérogation

Date of Decision:

October 31, 2025

Panel:

1 - Urban

Files:

D08-01-25/B-00014, D08-01-25/B-00015, D08-01-25/B-00016, D08-01-25/B-00018

Application:

Change of condition under section 53 of the Planning Act

Applicants:

T. Martins, F. Martins, A. Martins

Property Address:

280, 282, 284 Somerset Street East, 105 Sweetland Avenue and 146 Russell Avenue

Ward:

12 - Rideau-Vanier

Legal Description

Lot 35, Lots D, E, & F and Part of Lot 23, Registered Plan 81868

Zoning:

R4UC [480]-c and R4UB [480]

Zoning By-law:

2008-250

Heard:

October 22, 2025, in person and by videoconference

APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION

1On May 7, 2025, the Committee of Adjustment granted provisional consent to sever land and for grants of easements/rights of way at 280, 282, 284 Somerset Street East, 105 Sweetland Avenue and 146 Russell Avenue, subject to 13 conditions, for the construction of four 10-unit apartment buildings.

2The Applicants request that the conditions be separated into three phases and clarified as to which ones apply to each phase of development.

PUBLIC HEARING

Oral Submissions Summary

3Krista Libman, agent for the Applicants, provided an overview of the requested change of conditions. Ms. Libman advised that, in her opinion, the change was not minor and would enable the development of the property in phases, including building occupancy.

4City Planner Dylan Geldart confirmed that he had no concerns with the requested change of conditions as it did not change the nature or intent of the original decision.

DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED

5Under subsection 53(23) of the Planning Act, the Committee of Adjustment has the power to change the conditions of a provisional consent at any time before a consent is given.

6Based on the evidence, the majority of the Committee (Member Blatherwick dissenting) is satisfied that, while not minor, the requested change of conditions is both reasonable and necessary.

7The Committee notes the City’s planning report raises “no concerns” with the application.

8Considering the circumstances, the majority of the Committee finds that the requested change of conditions is both reasonable and necessary because it will enable the phased development of housing that is consistent with the Provincial Planning Statement, 2024, that notably promotes building homes and sustaining strong communities. The majority of the Committee also finds that the requested change of conditions has regard to matters of provincial interest, including the orderly development of safe and healthy communities.

9THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the conditions to the May 16, 2025, decision are replaced as set out in Appendix A to this decision.

"Ann M. Tremblay" ANN M. TREMBLAY CHAIR

Dissent JOHN BLATHERWICK MEMBER

"Colin Haskin" COLIN HASKIN MEMBER

Declared Interest ARTO KEKLIKIAN MEMBER

"Sharon Lécuyer" SHARON LÉCUYER MEMBER

I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated October 31, 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 20, 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

NOTICE TO APPLICANT(S)

Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.

Ce document est également offert en français.

Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436

Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436

APPENDIX A

Phase 1: D08-01-25/B-00014 – 146 Rusell Avenue

That the Owners provide evidence to the satisfaction of the Chief Building Official, or designate, that the existing accessory buildings at 282 and 284 Somerset Street East have been demolished or relocated under the authority of a building permit.
That the Owners provide evidence, to the satisfaction of the Manager of Development Review All Wards, Planning, Development and Building Services Department, that 146 Russell Avenue has its own independent storm, sanitary and water services connected to City infrastructure and that these services do not cross the proposed severance line. If they do cross or are not independent, the Owners will be required, at their own cost, to relocate the existing services or construct new services from the City sewers/watermain. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
That the Owners 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 pre- development peak flows for all stormwater events up to and including the 100 year 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 Owners 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 Owners 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 Owners 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 Owners costs.

If applicable, the Owners shall obtain an Environmental Compliance Approval from the Ontario Ministry of Environment, Conservation and Parks.

That the Owners 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.
That the Owners 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.
The Owners shall:

a) 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 Owners shall enter into an agreement with the City, at the expense of the Owners, that requires the Owners 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

b) 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/Applicant(s) provide a revised Tree Information Report, to the satisfaction of the Manager of the relevant Branch within the Planning, Real Estate and Economic Development Department, or their designate(s). This report shall be prepared by an arborist or forester, identifying all trees protected under the City's Tree Protection by-law, and meeting the standards of the City's Tree Information Report Guidelines, including an assessment of impacts related to the updated site plan, and specific mitigation measures where work is proposed within the Critical Root Zone of a protected tree.
That the Owners 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.  If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent. 
That upon completion of the above conditions, and within the two-year period outlined above, the Owners file with the Committee, the “electronic registration in preparation documents” for a conveyance for which the Consent is required.

Phase 2: – D08-01-25/B-00015, D08-01-25/B-00016 - 280, 282, and 284 Somerset

Street East

That the Owners provide evidence to the satisfaction of the Chief Building Official, or designate, that the existing dwellings at 280, 282 and 284 Somerset St. E. have been demolished or relocated under the authority of a building permit.
That the Owners provide evidence, to the satisfaction of the Manager of Development Review All Wards, Planning, Development and Building Services Department, that the parcels have their own independent storm, sanitary and water services connected to City infrastructure and that these services do not cross the proposed severance line. If they do cross or are not independent, the Owners will be required, at their own cost, to relocate the existing services or construct new services from the City sewers/watermain. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
That the Owners 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 pre- development peak flows for all stormwater events up to and including the 100 year 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 applicable, the Owners shall obtain an Environmental Compliance Approval from the Ontario Ministry of Environment, Conservation and Parks.

That the Owners 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.
That the Owners 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.
The Owners shall:

Or

Notices-on-Title respecting noise:

That the Owners 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 Somerset Street, Sweetland Avenue, and/or Russell Avenue, 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.
The Owner conveys to the City, at no cost to the City, an unencumbered corner sight triangle, measuring 9 m x 3 m, at the intersection of Somerset Street and Russell Avenue, respectively. The corner sight triangle must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the corner sight triangle, to the City Surveyor for review and approval prior to its deposit in the Land Registry Office. Such reference plan must be tied to the Horizontal Control Network in accordance with the municipal requirements and guidelines for referencing legal surveys. The Owners must provide to the City Surveyor a copy of the Committee of Adjustment Decision and a draft Reference Plan that sets out the required corner sight triangle. The Committee shall be provided written confirmation from City Legal Services that the transfer of the corner sight triangle to the City has been registered. All costs shall be borne by the Owner.
That the Owner/Applicant(s) provide a revised Tree Information Report, to the satisfaction of the Manager of the relevant Branch within the Planning, Real Estate and Economic Development Department, or their designate(s). This report shall be prepared by an arborist or forester, identifying all trees protected under the City's Tree Protection by-law, and meeting the standards of the City's Tree Information Report Guidelines, including an assessment of impacts related to the updated site plan, and specific mitigation measures where work is proposed within the Critical Root Zone of a protected tree.
That the Owners 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.  If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent. 
That upon completion of the above conditions, and within the two-year period outlined above, the Owners file with the Committee, the “electronic registration in preparation documents” for a conveyance for which the Consent is required.

Phase 3: D08-01-25/B-00018 – 103 and 105 Sweetland Avenue

That the Owners provide evidence to the satisfaction of the Chief Building Official, or designate, that the existing dwellings at 103 and 105 Sweetland Avenue have been demolished or relocated under the authority of a building permit.
That the Owners provide evidence, to the satisfaction of the Manager of Development Review All Wards, Planning, Development and Building Services Department, that the parcels have their own independent storm, sanitary and water services connected to City infrastructure and that these services do not cross the proposed severance line. If they do cross or are not independent, the Owners will be required, at their own cost, to relocate the existing services or construct new services from the City sewers/watermain. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
That the Owners 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 pre- development peak flows for all stormwater events up to and including the 100 year 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 applicable, the Owners shall obtain an Environmental Compliance Approval from the Ontario Ministry of Environment, Conservation and Parks.

That the Owners 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.
That the Owners 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.
The Owners shall:

Or

Notices-on-Title respecting noise:

That the Owners 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 Somerset Street, Sweetland Avenue, and/or Russell Avenue, 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/Applicants provide a revised Tree Information Report, to the satisfaction of the Manager of the relevant Branch within the Planning, Real Estate and Economic Development Department, or their designate(s). This report shall be prepared by an arborist or forester, identifying all trees protected under the City's Tree Protection by-law, and meeting the standards of the City's Tree Information Report Guidelines, including an assessment of impacts related to the updated site plan, and specific mitigation measures where work is proposed within the Critical Root Zone of a protected tree.
That the Owners 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.  If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent. 
That upon completion of the above conditions, and within the two-year period outlined above, the Owners file with the Committee, the “electronic registration in preparation documents” for a conveyance for which the Consent is required.