Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: November 28, 2025
Panel: 1 - Urban
File: D08-02-25/A-00241
Application: Minor Variance under section 45 of the Planning Act
Applicant: 2428012 Ontario Inc.
Property Address: 333 Friel Street, 319 Wilbrod Street
Ward: 12 - Rideau-Vanier
Legal Description Part 1 Lot 25 North Wilbord Street, Registered Plan 6
Zoning LC1[2261]
Zoning By-law: 2008-250
Heard: November 19, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a three-storey, 12-unit low-rise apartment building, as shown on plans filed with the Committee. The existing building will be demolished.
REQUESTED VARIANCE
2The Applicant requests that the Committee authorize a minor variance from the Zoning By-law to permit a reduced rear yard setback of 4.5 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Tim Beed, 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 the Committee’s questions, Mr. Beed confirmed that the proposed building would extend slightly farther into the rear yard than the existing building, which is no longer habitable due to a fire. He highlighted, however, that the rear yard parking and drive aisle would be replaced with soft landscaping and a privacy fence would be installed along the east property line. He also submitted that conditions would be improved along both street frontages.
6Responding to further questions from the Committee, Mr. Beed confirmed that a Site Plan Control application is not required for this proposal.
7The Panel noted that it commonly makes the authorization of a minor variance conditional on conformity with the site plan and elevation drawings filed with application, as they relate to the requested variance, which in this case would require the rear yard to be as shown on the site plan and the building envelope to be as shown on the rear elevation. In response to a question from the Panel regarding the option of making its approval conditional on more strict conformity with the plans, Mr. Beed explained that he did not expect any changes to be made, but would prefer the flexibility to adjust other building elements that do not affect the rear yard, within the limit of what is permitted by the Zoning By-law.
8In response to neighbours’ concerns, Mr. Beed noted that the proposal complies with the maximum building height permitted by the Zoning By-law, and that the use of rear yards for amenity area is encouraged by the City and may be less impactful than alternatives such as rooftop amenity area. He also submitted that the proposal aligns with the neighbourhood’s overall character, complies with applicable parking provisions, and is in an area that is well served by public transit.
9City Planner Penelope Horn was also present.
10Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
11The 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
12Evidence 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, revised plans, 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 dated November 13, 2025, with no objections.
Hydro Ottawa email dated November 12, 2025, with comments.
C. Garay, resident, email dated November 18, 2025, opposed.
C. Papanek, resident, email dated November 18, 2025, opposed.
Effect of Submissions on Decision
13The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
14Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
15The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
16The Committee also notes that no compelling evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
17Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variance is, 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.
18The Committee also finds that the requested variance maintains the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.
19In addition, the Committee finds that the requested variance maintains the general intent and purpose of the Zoning By-law because the proposal represents orderly development that is compatible with the surrounding area.
20Moreover, the Committee finds that the requested variance is minor because it will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
21THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the variance to the Zoning By-law is authorized, subject to the location and size of the proposed construction complying with the revised site plan filed with the Committee of Adjustment on November 19, 2025, and the elevations drawings filed on October 24, 2025, as they relate to the requested variance.
Absent ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
"Colin Haskin" COLIN HASKIN MEMBER
Declared Interest 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
Ce document est également offert en français.
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