Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 2 - Suburban
Files: D08-02-25/A-00229 & D08-02-25/A-00230
Application: Minor Variance under section 45 of the Planning Act
Applicant: 1000607076 Ontario Inc.
Property Address: 2340 Midway Avenue
Ward: 7 - Bay
Legal Description: Lot 73, Registered Plan 293
Zoning: R2F
Zoning By-law: 2008-250
Heard: November 18, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant wants to construct a two-storey, semi-detached dwelling, each half with two additional dwelling units (six units in total), as shown on plans filed with the Committee. The existing dwelling will be demolished.
REQUESTED VARIANCES
2The Applicant requests that the Committee authorize minor variances from the Zoning By-law:
A-00229: 404 Hartleigh Avenue, Part A on sketch, one half of the proposed semi-detached dwelling:
a) To permit a reduced lot area of 213.97 square metres, whereas the By-law requires a minimum lot area of 270 square metres;
A-00230: 2340 Midway Avenue, Part B on sketch, one half of the proposed semi- detached dwelling:
b) To permit a reduced lot area of 250.54 square metres, whereas the By-law requires a minimum lot area of 270 square metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Peter Hume, 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 a question from the Panel, Mr. Hume confirmed that a grading and drainage plan would be provided at the building permit stage.
6City Planner Penelope Horn confirmed that she had no concerns with the applications. She further advised that, for principal dwelling units with principal entrance ways fronting on and facing different streets, the minimum required rear yard is 1.2 metres.
7Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED
Applications 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 variances are minor, are 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:
Applications and supporting documents, including cover letter, plans, tree information report, photo of the posted sign, and a sign posting declaration.
City Planning Report received November 13, 2025, with no concerns.
Rideau Valley Conservation Authority email received November 13, 2025, with no objections.
Hydro Ottawa email received November 10, 2025, with comments.
J. Regnier, resident, email received November 3, 2025, with comments.
E. Forester, resident, email received November 12, 2025, opposed.
C. Tremblay, resident, email received November 17, 2025, with comments.
Woodpark Community Association, email received November 3, 2025, with comments.
Effect of Submissions on Decision
10The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.
11Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
12The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications.
13The Committee also notes that no compelling evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
14Considering 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.
15The 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.
16In 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.
17Moreover, the Committee finds that the requested variances 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
Absent FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ ACTING PANEL CHAIR
"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 28, 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 18, 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
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436