Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 1 - Urban
File: D08-02-25/A-00233
Application: Minor Variance under section 45 of the Planning Act
Applicant: Trustees of Southminster United Church
Property Address: 1040 Bank Street
Ward: 17 - Capital
Legal Description: Lot 8 and Part of Lot 6, East of Galt Street, and Part of Lot 3 West of Bank Street, Registered Plan 36
Zoning: TM[2429] S376
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 create two surface parking spaces at the southwest corner of the property, accessed from Aylmer Avenue.
REQUESTED VARIANCE
2The Applicant requests that the Committee authorize minor variances from the Zoning By-law:
a) To permit two parking spaces in a corner side yard, whereas the By-law does not permit parking in in a corner side yard.
b) To permit two parking spaces not located within a building, whereas By-law Exception 2429 states in part that all parking must be located within a building.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Lloyd Phillips, agent for the Applicant, and Nancy Watters, a volunteer with the Southminster United Church, provided an overview of the proposal and responded to the Committee’s questions regarding the intended use of the parking spaces for church services and community activities. Ms. Watters explained that the parking would be used part-time and at variable hours, mainly by church staff, as well as by individuals involved with various other community programs hosted by the Southminster United Church. She also noted that parking was needed close to the church for loading and unloading of event equipment and for individuals with physical accessibility needs, given the location of this corner lot in a high traffic area, and that appropriate signage to restrict access would be installed and there would be no overnight parking.
5Mr. Phillips explained that a parcel of land was recently severed from the church lands for the construction of new residential development on the west side of the site and, through a related Zoning By-law Amendment application, Exception 2429 was introduced that restricted parking to the interior of buildings. He highlighted that, at the time, an access ramp to the church was located along the Aylmer Avenue frontage, which later had to be removed during construction. He explained that this created the opportunity to introduce the proposed parking spaces. Mr. Phillips also noted that it was not feasible to provide parking within the existing church building and submitted that the proposal would reduce demand for on-street parking, while still maintaining the pedestrian-friendly character of the Traditional Mainstreet Zone.
6City Planner Penelope Horn responded to the Committee’s questions, noting that the City’s concerns relate to the intent of the Traditional Mainstreet Zone and the Inner Urban Transect designation in the Official Plan, both of which prioritize pedestrian-oriented development. She also highlighted concerns that the proposal does not maintain the intent of the site-specific exception requiring all parking to be contained within the building.
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.
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 applications, highlighting that the Traditional Mainstreet Zone aims to “foster and promote pedestrian-oriented development” and the Inner Urban Transect “prioritizes maintaining unbroken curb space for short-term, visitor and permit-zone street parking over private approaches.”
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, 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 of the proposed parking spaces complying with the plans filed with the Committee of Adjustment on October 16, 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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