Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: December 19, 2025
Panel: 1 - Urban
File: D08-02-25/A-00232
Application: Minor Variance under section 45 of the Planning Act
Applicant: P. Derick
Property Address: 39 Goulburn Avenue
Ward: 12 - Rideau-Vanier
Legal Description: Lot 10 (East Goulburn Avenue), Registered Plan 15632
Zoning: R4UA [480]
Zoning By-law: 2008-250
Heard: December 9, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to renovate the existing 4-unit dwelling, construct a second storey addition and convert the attached garage into living space. The renovations would result in a low-rise apartment building, with a total of 8 dwelling units, as shown on plans filed with the Committee.
REQUESTED VARIANCES
2The Applicant requests that the Committee authorize minor variances from the Zoning By-law:
a) To permit a reduced (north) interior side yard setback of 0.93 metres, whereas the By-law requires a minimum interior side yard setback of 1.5 metres.
b) To permit a reduced rear yard setback of 23.3% of the lot depth, or 7.12 metres, whereas the By-law requires a minimum rear yard setback of 30% of the lot depth, or in this case, 10.16 metres.
c) To permit a reduced lot rear area of 23.3% of the lot area, or 108.66 square metres, whereas the By-law requires a minimum rear yard area of 25% of the lot area, or in this case, 116.19 square metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Dextor Edwards, 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 the Committee’s questions, Mr. Edwards confirmed that the property is currently vacant. Mr. Edwards also explained that each unit would be equipped with a kitchen, bedroom and bathroom to function as an independent apartment.
6The Committee also heard oral submissions from the following individuals:
- L. Belanger, resident, highlighted concerns about loss of neighbourhood character, the use of the property as a potential rooming house, entrances facing into the side yard, loss of landscaping.
- N. Polito, resident, highlighted concerns about the future tenancy arrangements for the proposed apartments and the potential impact on the enjoyment of his property.
7In response to questions from the Committee, City Planner Penelope Horn confirmed that the City’s Heritage Planning Branch had raised no concerns with the proposal and would issue a heritage permit under delegated authority.
8In response to questions from the Committee, City forester Julian Alvarez-Barkham confirmed that the protected tree was located on the City’s right of way, separated from the proposed construction by the sidewalk. In response to further questions, Mr. Alvarez-Barkham noted that there was no anticipated impact to the cedar hedges as there is no construction proposed within their critical root zones. Mr. Alvarez-Barkham further clarified that hedges are not protected under the City’s Tree Protection By-law.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
9The 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
10Evidence 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, tree plan, photo of the posted sign, and a sign posting declaration.
- City Planning Report received December 4, 2025, with no concerns.
- Rideau Valley Conservation Authority email received December 1, 2025, with no objections.
- Hydro Ottawa email received December 2, 2025, with comments.
- L. Belanger, resident, email received December 9, 2025, opposed.
- J. Priouzeau, resident, email received December 10, 2025, opposed.
Effect of Submissions on Decision
11The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
12Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
13The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
14The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
15Considering 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.
16The 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.
17In 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.
18Moreover, 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.
19THE 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 revised site plan filed with the Committee of Adjustment on December 1, 2025 and the elevations filed with the Committee of Adjustment on October 16, 2025, as they relate to the requested variances.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
"Colin Haskin" COLIN HASKIN MEMBER
Declared Interest ARTO KEKLIKIAN MEMBER
"Sharon Lécuyer" SHARON LÉCUYER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated December 19, 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 January 8, 2026.
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
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