Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 1 - Urban
File: D08-02-23/A-00141
Application: Minor Variance under section 45 of the Planning Act
Applicant: 2276663 Ontario Ltd.
Property Address: 379 Cooper Street
Ward: 14 - Somerset
Legal Description: Part of Lot 37, Registered Plan 12281
Zoning: R5B [482] H(37)
Zoning By-law: 2005-250
Heard: November 19, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to add three dwelling units to an existing three-storey, 10-unit, low-rise apartment building for a total of 13 units, and to renovate the front façade, as shown on plans filed with the Committee.
2At the scheduled hearing on July 19, 2023, the Committee adjourned this application to allow the proposal to proceed through the site plan control application process. At the rescheduled hearing on October 8, 2025, the Committee further adjourned this application to allow the Applicant to revise the requested variances.
REQUESTED VARIANCES
3The Applicant requests that the Committee authorize minor variances from the Zoning By-law:
a) To permit reduced amenity space of 96.33 square metres or 7.41 square metres per unit, whereas the By-law requires a minimum amenity area of 150 square metres or 15 square metres per unit up to 8 units and 6 square metres per unit over 8 units.
b) To permit a reduced communal amenity area in the rear yard of 55.79 square metres for the first 8 units, with 64% or 35.78 square metres being soft landscaping, whereas the By-law requires a minimum communal amenity area in the rear yard of 120 square metre for the first 8 units, with 80% or 96 square metres being soft landscaping.
c) To permit projections into the front yard, including a sunken patio projecting 5.38 metres, a ground floor deck projecting 1.63 metres, and a second storey balcony projecting 1.96 metres, in an area to which a heritage overlay applies, whereas the By-law does not permit projections into the front yard in an area to which a heritage overlay applies.
4The property is also the subject of a Site Plan Control application (File No. D07-12-25-0027) under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
5Nick Sutherland, 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.
6Responding to questions from the Committee about the reduced amenity area, Mr. Sutherland explained that the existing 10-unit building does not meet the minimum amenity area due to size of the lot, and would be further constrained by the addition of three more units, since amenity area requirements are calculated on a per-unit basis. He noted that, while not included in the amenity space calculation for Zoning By-law purposes, the proposed balconies would also provide supplementary amenity space for some units. Mr. Sutherland also explained that the option of removing the existing driveway was considered to increase the amenity area on the site, but it was decided to retain the existing parking, given the proposed increased in dwelling units.
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 no concerns.
Rideau Valley Conservation Authority email dated November 13, 2025, with no objections.
Hydro Ottawa email dated November 12, 2025, with comments.
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 “no concerns” regarding the application.
12The Committee also notes that no 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, both individually and cumulatively, 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 September 3, 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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