Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: November 28, 2025
Panel: 2 - Suburban
File: D08-02-25/A-00226
Application: Minor Variance under section 45 of the Planning Act
Applicant: A. Abdulla
Property Address: 5580 Manotick Main Street
Ward: 21 - Rideau-Jock
Legal Description: Lot 68, Registered Plan 18 and Part of Lot 3, Concession A, Broken Front, Geographic Township of North Gower
Zoning: VM9
Zoning By-law: 2008-250
Heard: November 18, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant proposes to construct a three-storey, mixed-use building, as shown on plans filed with the Committee. The existing two-storey building will be demolished.
REQUESTED VARIANCES
2The Applicant requests that the Committee authorize the following minor variances from the Zoning By-law:
a) To permit an increased building height of 12.5 metres, whereas the By-law permits a maximum building height of 11 metres;
b) To permit a reduced lot area of 1016.6 square metres, whereas the By-law requires a minimum lot area of 1350 square metres.
3The property is the subject of a Site Plan Control application (File No. D07-12-25-0022).
PUBLIC HEARING
Oral Submissions Summary
4Jamie Rathwell and Nicole Chilton-Jones, agents 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 Committee’s questions, City Planner Wendy Yang confirmed a concern with the requested lot area variance with respect to the loss of trees and incorporating a walkway. She also confirmed these concerns could be addressed through the site plan control process.
6City Planner James Ireland requested that the variances be tied to plans as they relate to the requested variances, to provide more flexibility during the site plan control process.
7City Forester Nancy Young confirmed that the trees could not be replaced as there is not enough space on site due to the parking layout.
8Ms. Rathwell explained that the conversion from residential use to a permitted medical pharmacy use would require a larger building footprint and more parking, which would reduce trees and landscape area. She further confirmed that five trees would be retained and five proposed trees would be added.
9Following the public hearing, the Committee reserved its decision.
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 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
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, plans, tree information report, photo of the posted sign, and a sign posting declaration.
City Planning Report received November 13, 2025, with concerns.
Rideau Valley Conservation Authority email received November 13, 2025, with no objections.
Hydro Ottawa email received November 10, 2025, with no comments.
R. Bell, resident, phone call received November 17, 2025, opposed.
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 meet all four requirements under subsection 45(1) of the Planning Act.
14The Committee notes that the City’s Planning Report raises “some concerns” regarding the application, highlighting that “[s]taff have no concerns regarding the requested height variance” but that no walkway connects the proposed building to the parking spaces. However, the Committee notes these concerns can be addressed through the site plan control process.
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 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.
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.
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