Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: October 31, 2025
Panel: 1 - Urban
File: D08-02-25/A-00218
Application: Minor Variance under section 45 of the Planning Act
Applicant: M. Ngambage
Property Address: 243 Belford Crescent
Ward: 15 - Kitchissippi
Legal Description: Lot 36 and Part of Lot 33, Registered Plan 448
Zoning: RG2
Zoning By-law: 2008-250
Heard: October 22, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a two-storey, detached dwelling with attached garage, as shown on plans filed with the Committee. The existing dwelling will be demolished.
REQUESTED VARIANCES
2The Applicant seeks the Committee’s authorization for the following minor variances from the Zoning By-law:
a) To permit a front-facing garage, whereas the By-law does not permit a front facing garage where the predominate pattern is not a front facing garage based on the conclusions of a Streetscape Character Analysis;
b) To permit a driveway to be located between the front wall of a residential building and the street, whereas the By-law does not permit a driveway to be located at the front wall of a residential building and the street;
c) To permit an increased driveway width of 3.35 metres, whereas the By-law permits a maximum driveway width of 3 metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Evan Saunders, 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.
5Responding to questions from the Committee, Mr. Saunders confirmed that the size of the proposed garage was to allow for access, due to the angle of the driveway. He also confirmed that the angle of the driveway was to accommodate an existing fire hydrant.
6Mr. Saunders further advised there may some adjustments to the proposal due to the large tree in the rear yard and the location of the fire hydrant, however no additional variances would be required.
7City Planner Penelope Horn highlighted no concerns with the wider driveway, however the front facing garage is not the dominant neighbourhood characteristic. She also requested that any approval not be tied to plans to ensure any minor changes could be made to accommodate the large tree in the rear yard and the fire hydrant.
8Planning Forester, Nancy Young, advised that she had no concerns with the requested variance, however she would prefer to seethe large tree in the rear yard retained.
9Brian Casagrande, also acting as agent for the Applicant, advised that the streetscape character analysis does not allow for the uniqueness and character of the street. He also advised that due to the location of the fire hydrant, the Applicant was looking for flexibility in approval to be able to make modifications to the proposed driveway to accommodate the existing location of the fire hydrant.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
10The 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
11Evidence 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, revised plans, tree information, streetscape character analysis, photo of the posted sign, and a sign posting declaration.
- City Planning Report received October 16, 2025, with concerns.
- Rideau Valley Conservation Authority email dated October 20, 2025, with no objections.
- Hydro Ottawa email dated October 10, 2025, with comments.
- C. Benimana email received October 15, 2025, with no objections.
- C. Fabian and J. Payne, residents, email received October 15, 2025, with no objections.
- S. Mason, resident, email received October 15, 2025, with no objections.
- R. Wright, resident email received October 15, 2025, with no objections.
Effect of Submissions on Decision
12The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
13Based on the evidence, the Committee is satisfied that the requested variances meets all four requirements under subsection 45(1) of the Planning Act. The Committee is also satisfied that it is unnecessary to tie its approval to the submitted plans to allow for minor modifications to accommodate the large tree and fire hydrant.
14The Committee notes that the City’s Planning Report raises concerns regarding the application, highlighting that the property “is part of Character Group A, where front-facing attached garages are not permitted”. In this case, the proposed attached garage “will diminish the prominence of the principal entrance”.”
15The Committee also notes that no compelling evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
16Considering the circumstances, the Committee finds that, because the requested variances are, from 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.
17The Committee also finds that the requested variances maintain the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.
18In addition, the Committee finds that the requested variances maintain the general intent and purpose of the Zoning By-law because the proposal represents orderly development that is compatible with the surrounding area.
19Moreover, the Committee finds that the requested variances, both individually and cumulatively, are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
20THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the variances to the Zoning By-law are authorized.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
"Colin Haskin" COLIN HASKIN MEMBER
"Arto Keklikian" 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
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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
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