Committee of Adjustment
Comité de dérogation
DECISION CONSENT/SEVERANCE AND MINOR VARIANCE
November 14, 2025
Panel:
2 - Suburban
Files:
D08-01-25/B-00213 & D08-01-25/B-00214 D08-02-25/A-00216 & D08-02-25/A-00217
Applications:
Consent under section 53 of the Planning Act
Minor Variance under section 45 of the Planning Act
Applicant:
Dwell One Eight Six Inc.
Property Address:
1270 Trenton Avenue
Ward:
16 - River
Legal Description
Part of Lot 67, Registered Plan 294
Zoning
R2G
Zoning By-law:
2008-250
Heard:
November 4, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant wants to subdivide the property into two separate parcels of land and to establish access easements for the construction of two, long semi-detached dwellings, with additional dwelling units, as shown on plans filed with the Committee. The existing dwelling will be demolished.
CONSENT REQUIRED:
2The Applicant seeks the Committee of Adjustment’s consent to sever land and for grants of easement/rights of way. The property is shown as Parts 1 to 4 on a Draft 4R-Plan filed with the applications and the separate parcels will be as follows:
Table 1 Proposed Parcels
File No.
Frontage
Depth
Area
Part No.
Municipal Address
B-00213
11.47 metres
30.55 metres
349.9 sq. metres
1 & 2
1270 Trenton Avenue
B-00214
11.47 metres
30.55 metres
349.6 sq. metres
3 & 4
1268 Trenton Avenue
3It is proposed to establish the following easements/rights of way:
Over Part 2 in favour of Part 3 & 4 for vehicle access and parking.
Over Part 3 in favour of Part 1 & 2 for vehicle access and parking.
4The proposal does not comply with the Zoning By-law and therefore minor variance applications have also been filed.
REQUESTED VARIANCES
5The Applicant seeks the Committee of Adjustment’s authorization for minor variances from the Zoning By-law as follows:
A-00216: 1270 Trenton, Parts 1 & 2 on 4R-Plan proposed long semi- detached:
a) To permit a reduced front yard setback of 4.5 metres, whereas the By-law requires a minimum front yard setback of 5.59 metres;
b) To permit a reduced rear yard setback 8.2 metres (26.84% of the lot depth), whereas the By-law requires a minimum rear yard setback of 8.55 metres (28% of the lot depth);
c) To permit a total reduced interior side yard setback of 2.7 metres whereas the By-law requires a minimum total interior side yard setback of 3 metres.
A-00217: 1268 Trenton, Parts 3 & 4 on 4R-Plan, proposed long semi- detached.
d) To permit a reduced front yard setback of 4.5 metres, whereas the By-law requires a minimum front yard setback of 5.59 metres;
e) To permit a reduced rear yard setback of 8.2 metres (26.84 % of the lot depth), whereas the By-law requires a minimum rear yard setback of 8.55 metres (28% of the lot depth);
f) To permit a total reduced interior side yard setback of 2.7 metres whereas the By-law requires a minimum total interior side yard setback of 3 metres.
6The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
7The Panel Chair asked Abdeen Wahab, representing the Applicant, Syed Yarohammad, Fairouz Wahab and Amrinder Kaur Kalsi, agents for the Applicant, whether a new Tree Information Report was required prior to proceeding to hear the applications. Julian Alvarez-Barkham, Planning Forester, advised that the current Tree Information Report identifies the removal of a tree in the front yard to accommodate a proposed driveway which will require both compensation and the planting of a replacement tree. Mr. Wahab, explained that the presence of two trees and a hydro pole in the front of the property made it challenging to design a layout that would preserve the trees. He stated that the current design is the most suitable option for the site and requested that the applications proceed.
8The Committee agreed to hear the applications without delay.
9Amrinder Kaur Kalsi provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request.
10Responding to questions from the Committee, Mr. Wahab clarified that the side doors shown on the drawings provide access to the basement units and comply with the required access setbacks.
11City Planner Wendy Yang highlighted that the concerns outlined in her report related to Forestry Services’ comments.
12Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE:
CONSENT APPLICATIONS GRANTED
MINOR VARIANCE APPLICATIONS GRANTED
Consent Application Must Satisfy Statutory Tests
13Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Planning Statement, 2024, and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):
Criteria
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
b) whether the proposed subdivision is premature or in the public interest;
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
d) the suitability of the land for the purposes for which it is to be subdivided;
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
f) the dimensions and shapes of the proposed lots;
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
h) conservation of natural resources and flood control;
i) the adequacy of utilities and municipal services;
j) the adequacy of school sites;
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s.
22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
Minor Variance Application Must Satisfy Statutory Four-Part Test
14The 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
15Evidence 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:
Applications and supporting documents, including cover letter, plans, tree information, photo of the posted sign, petition of neighbour support, and a sign posting declaration.
City Planning Report received October 30, 2025, with concerns.
Rideau Valley Conservation Authority email dated October 31, 2025, with no objections.
Hydro Ottawa email dated October 29, 2025, with comments.
Effect of Submissions on Decision
16The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications.
17The Committee notes that the City’s Planning Report raises “concerns” regarding the applications, highlighting that the “proposed development would require the removal of a healthy street tree to accommodate the central driveway” and that “[o]ne existing street tree is proposed for retention, which is in poor condition”. However, the Committee notes that requested the conditions of provisional consent, agreed to by the Applicant’s agents, address the concerns raised by the City.
18Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Planning Statement, 2024, that promotes building homes, sustaining strong communities; providing infrastructure and public service facilities in an efficient manner while accommodating projected needs; the wise use and management of resources; and, protecting public health and safety.
19The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.
20Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
21Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.
22Based on the evidence, the Committee is also satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
23The Committee notes that no compelling evidence was presented that the requested variances would result in any unacceptable adverse impact on abutting properties or the neighbourhood in general.
24Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variances are, 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.
25The 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.
26In 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.
27Moreover, 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.
28THE COMMITTEE OF ADJUSTMENT ORDERS that the consent applications are granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
29THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the requested minor variance applications are granted and the variances to the Zoning By-law are authorized, subject to the location and size of the proposed construction complying with the plans filed with the Committee of Adjustment on September 22, 2025, as they relate to the requested variances.
"Fabian Poulin" FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ MEMBER
"George Barrett" GEORGE BARRETT MEMBER
“Heather MacLean” HEATHER MACLEAN MEMBER
"Julianne Wright" JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated November 14, 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 December 4, 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
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”.
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APPENDIX “A”
That the Owner/Applicant provide a Grading and Servicing Plan with the proposed elements/structures (services, retaining walls, projections, etc.) designed and located to allow for the retention and protection of existing tree # 1 (City ID 8274369), as detailed in the Tree Information Report (v. 2) prepared by Dendron Forestry Services, and dated September 17, 2025. This plan will be 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/Applicant enter into a Development Agreement or a Letter of Undertaking (LOU) with the City of Ottawa, at the expense of the Owner/Applicant, and to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. A development agreement is to be registered on title of the property (where applicable). The agreement/LOU will include the tree protection and mitigation requirements detailed in the Tree Protection By-law and the approved Tree Information Report (or any approved revisions), and associated securities for tree protection. The securities, which will be based on the value of the tree(s) to be protected (Tree 8274369) shall be retained for two (2) years following issuance of a final occupancy permit, and thereafter returned to the owner only upon the City having received a report from an arborist confirming that the identified tree(s) is/are healthy, retainable, and remain(s) structurally stable.
That the Owner provide evidence, to the satisfaction of the Manager of Development Review All Wards, Planning, Development and Building Services Department, that each existing parcel 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 Owner 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 Owner provide a Site Servicing Study, prepared by a Professional Civil Engineer, licensed in the Province of Ontario, outlining the municipal servicing requirements 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 Owner 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 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 Owner 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.
The Owner shall enter into a Development Agreement with the City to construct the required stormwater system, which may include 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 shall obtain all necessary approvals 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 costs.
That the Owner 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.
If required, that the Owner enter into a Joint Use and Maintenance Agreement, at the expense of the Owner, setting forth the obligations between the Owner and the proposed future owners with respect to the joint use and maintenance of all common elements including, but not limited to, the common party walls, common structural elements such as roof, footings, soffits, foundations, 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.
That the Owner 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 Trenton Ave, 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 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 to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate .
That upon completion of the above conditions, and within the two-year period outlined above, the Owner file with the Committee, the “electronic registration in preparation documents” for a certificate of official for which the Consent is required to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.