Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 1 - Urban
Application: Minor Variance under section 45 of the Planning Act
Applicant: K. Wilson
Property Address: 655 Donat Street
Ward: 12 - Rideau-Vanier
Legal Description: Lot 48, Registered Plan 587
Zoning: R4UA
Zoning By-law: 2008-250
Heard: June 18, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a 10-unit, low-rise apartment building, as shown on plans filed with the Committee. The existing detached dwelling will be demolished.
REQUESTED VARIANCE
2The Applicant seeks the Committee’s authorization for a minor variance from the Zoning By-law to permit 10 units in a low-rise apartment building whereas the By-law permits a maximum of 8 units in a low-rise apartment building.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Alison Clarke, 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. Responding to the Committee’s questions, Ms. Clarke stated that they did not undertake any community consultation. Ms. Clarke also stated that in her opinion, there was adequate municipal services, including water and sanitary infrastructure, available to support the proposal.
5Responding to the Committee’s questions, Ms. Clarke expressed that the proposed footprint conformed with all the performance standards for a low-rise apartment building in the R4UA zone and noted that the variance being sought would provide additional housing in the area. She further clarified that the proposed building would feature a mix of five, 1-bedroom units and five, 2-bedroom units.
6The Committee also heard oral submissions from the following individuals:
T. Perkins, resident, raised concerns over traffic and lack of available parking.
A. Williams, resident, raised concerns over lack of community consultation and family housing, and noted that an 8-unit building would be preferred.
7City Planner Dylan Geldart expressed no concerns with the application and added that the City’s Official Plan puts greater importance on the footprint and the overall built form, not the unit count or interior layout.
8Following the public hearing, the Committee reserved its decision.
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 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
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, revised plans, tree information report, photo of the posted sign, and a sign posting declaration.
City Planning Report received June 12, 2025, with no concerns.
Rideau Valley Conservation Authority email dated June 13, 2025, with no objections.
Hydro Ottawa email dated June 6, 2025, with comments.
Ontario Ministry of Transportation email dated June 6, 2025, with no comments.
W. Gosselin, resident, email dated June 2, 2025, in opposition.
D. Saindon, resident, email dated June 9, 2025, in opposition.
M. Sullivan, resident, email dated June 12, 2025, in opposition.
P. Guerrette and J. Schultz, residents, email dated June 13, 2025, in opposition.
G. Goodhouse and D. Belec, residents, email dated June 17, 2025, in opposition.
S. Gosselin, resident, email dated June 17, 2025, in opposition.
J. Chagnon, resident, email dated June 17, 2025, in opposition.
C. Lalonde and M. Hooper, residents, email dated June 17, 2025, in opposition.
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 variance meets 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 compelling evidence was presented that the variance 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 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.
16The 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.
17In addition, the Committee finds that 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. Additionally, the Committee finds that the additional units are appropriate as they will not negatively affect the functionality of the site given that all other performance standards of the Zoning By-Law are being met.
18Moreover, 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.
19THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the variance to the Zoning By-law is authorized.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
"Sharon Lécuyer" SHARON LÉCUYER MEMBER
"Arto Keklikian" ARTO KEKLIKIAN MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated June 27, 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 July 17, 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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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
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