Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Panel: 3 - Rural
Application: Minor Variance under section 45 of the Planning Act
Applicant: Mattamy (Traditions II) Ltd.
Property Address: 1883 Stittsville Main Street
Ward: 6 - Stittsville
Legal Description: Block 349, Registered Plan 4M-1589
Zoning: R4Z
Zoning By-law: 2008-250
Heard: June 3, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a planned unit development consisting of seven stacked townhouse buildings, each containing 12 dwelling units, for a total of 84 units, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Applicant seeks the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced (westerly) interior side yard setback of 3.0 metres, whereas the By-law requires a minimum interior side yard setback of 1.5 metres for the first 21 metres from the front lot line and 6.0 metres for the remainder.
3The Application indicates that the property is subject to a 30-centmetre reserve along the westerly interior lot line, abutting Stittsville Main Street.
4The property is the subject of a Site Plan Control application (File No. D07-12-24- 0142).
PUBLIC HEARING
Oral Submissions Summary
5Arjan Soor, 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.
6City Planner Elizabeth King had no concerns with the application and confirmed that the property is also subject to an active site plan control application which would address concerns raised by area residents. She also clarified that the intention of the 30 cm reserve is to restrict multiple driveway frontages onto Stittsville Main Street, an arterial road.
7The Committee also heard oral submissions from the following individuals:
- C. Jennings, resident, highlighted concerns about lack of parking and transit in the area, as well as concerns regarding the size of the proposed development.
- M. Gordon, resident, highlighted concerns about the location of the driveway entrance, loss of trees, and traffic impact.
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, plans, tree information report, photo of the posted sign, and a sign posting declaration.
- City Planning Report received May 29, 2025, with no concerns.
- Rideau Valley Conservation Authority email dated May 29, 2025, with no objections.
- Hydro Ottawa email dated May 26, 2025, with no comments.
- C. Jennings, resident, email dated May 22, 2025, with concerns.
- M. Hussein, resident, email dated May 29, 2025, in opposition.
- M. Shahen, resident, email dated June 2, 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 applications.
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 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.
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, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped April 30, 2025, as they relate to the requested variance.
"Terence Otto" TERENCE OTTO VICE-CHAIR
"Gary Duncan" GARY DUNCAN MEMBER
Absent BETH HENDERSON MEMBER
"Martin Vervoort" MARTIN VERVOORT MEMBER
"Jocelyn Chandler" JOCELYN CHANDLER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated June 13, 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 3, 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
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436