Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
November 28, 2025
Panel:
1 - Urban
File:
D08-02-25/A-00238
Application:
Minor Variance under section 45 of the Planning Act
Applicants:
T. Pearson and J. Batucan
Property Address:
47 Merritt Avenue
Ward:
17 - Capital
Legal Description
Lot 66, Registered Plan 242262
Zoning
R1TT
Zoning By-law:
2008-250
Heard:
November 19, 2025, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to construct a two-storey detached dwelling with a front-facing attached garage, as shown on plans filed with the Committee. The existing dwelling will be demolished.
REQUESTED VARIANCES
2The Applicants request that the Committee authorize minor variances from the Zoning By-law:
a) To permit a front-facing attached garage, whereas the By-law does not permit a garage or carport facing the front lot line except subject to the conclusions of a Streetscape Character Analysis (Section 139).
b) To permit a front-facing attached garage, whereas the By-law does not permit a front-facing garage where it is not a feature of the dominant pattern based on the conclusions of a Streetscape Character Analysis (Section 140).
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4T. Pearson, one of the Applicants, was present.
5City Planner Penelope Horn summarized the City’s concerns with the application relating to the policies of the Official Plan and zoning provisions that do not permit front-facing garages where they are not a feature of the dominant streetscape character. She also confirmed that the examples of existing front-facing garages in this neighbourhood would have been constructed before the zoning provisions prohibiting them were introduced.
6Mr. Pearson highlighted that the Old Ottawa East Community Association was not opposed to the application.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
7The 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
8Evidence 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, photo of the posted sign, and a sign posting declaration.
City Planning Report received November 13, 2025, with concerns.
Rideau Valley Conservation Authority email dated November 13, 2025, with no objections.
Hydro Ottawa email dated November 12, 2025, with comments.
Old Ottawa East Community Association email dated November 19, 2025, with no objection.
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
10Based on the evidence, the Committee is satisfied that the requested variances meets all four requirements under subsection 45(1) of the Planning Act.
11The Committee notes that the City’s Planning Report raises “concerns” regarding the application, highlighting that, in the Inner Urban Transect, the Official Plan “directs parking to be hidden from the view of the public realm, to reduce the dominance of the automobile on the streetscape.”
12The Committee also notes that no compelling evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
13Considering 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.
14The 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.
15In 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.
16Moreover, 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.
17THE COMMITTEE OF ADJUSTMENT ORDERS that the application is 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 October 22, 2025, as they relate to the requested variances.
Absent
ANN M. TREMBLAY
CHAIR
"John Blatherwick"
JOHN BLATHERWICK
MEMBER
"Colin Haskin"
COLIN HASKIN
MEMBER
"Arto Keklikian"
ARTO KEKLIKIAN
MEMBER
"Sharon Lécuyer"
SHARON LÉCUYER
ACTING PANEL CHAIR
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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