Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: May 16, 2025
Panel: 2 - Suburban
File No.: D08-02-25/A-00079
Application: Minor Variances under section 45 of the Planning Act
Applicant: Landric Homes Inc.
Property Address: 220 Woodroffe Avenue
Ward: 7 - Bay
Legal Description: Lot 544, Registered Plan 352
Zoning: R4D
Zoning By-law: 2008-250
Heard: May 6, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct an eight-unit, three-storey stacked dwelling, as shown on the plans filed with the application.
REQUESTED VARIANCES
2The Applicant seeks the Committee’s authorization for the following minor variances from the Zoning By-law:
a) To permit a reduced lot area of 464.13 square metres, whereas the By-law requires a minimum lot area of 660 square metres.
b) To permit a reduced lot width of 15.25 metres, whereas the By-law requires a minimum lot width of 22 metres.
c) To permit a reduced front yard setback of 4.89 metres, whereas the By-law requires a minimum front yard setback of 6 metres.
d) To permit a reduced northerly interior side yard setback of 1.5 metres, for a portion of the building within beyond 21 metres of the front lot line, whereas the By-law requires a minimum interior side yard setback of 6 metres for any part of a building located within beyond 21 metres of the front lot line.
e) To permit a reduced first floor habitable floor space of 36.4 square metres, whereas the By-law requires a minimum habitable floor space area for the first floor of 40 square metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Paul Robinson, 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.
5Mr. Robinson sought clarification regarding the condition requested in the City’s Planning report that prior to the issuance of a building permit the owner provide a grading and drainage plan.
6City Planner Erin O’Connell advised that the reason for the condition is to ensure that stormwater management is included as part of the building permit application before the permit is issued, and that it would not impact the timeline associated with the requested minor variances.
7Mr. Robinson confirmed that variance (d) should be amended to replace the word “within” with “beyond”. With no objections heard, the Panel amended the application accordingly.
8City Planner Shoma Murshid confirmed no concerns with the application.
9Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
AS AMENDED
Application(s) Must Satisfy Statutory Four-Part Test
10The Committee has the power to authorize minor variances 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
11Evidence 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, and a sign posting declaration.
City Planning Report received May 1, 2025, with no concerns.
Rideau Valley Conservation Authority email dated April 30, 2025, with no objections.
Hydro Ottawa email dated April 16, 2025, with no objections.
Ontario Ministry of Transportation email dated April 15, 2025, with no comments.
Ottawa Carleton District School Board email dated May 5, 2025, with comments.
M. Rodriguez and G. Alvarez, residents, email dated May 6, 2025, opposed.
Effect of Submissions on Decision
12The Committee considered all written and oral submissions relating to the application in making its decision and granted as amended the application.
13Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
14The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
15The Committee also notes that no compelling evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
16Considering 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.
17The 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.
18In 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.
19Moreover, 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.
20THE 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 being in accordance with the plans filed, Committee of Adjustment date stamped April 4, 2025, as they relate to the requested variances.
"Fabian Poulin" FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ MEMBER
"George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" HEATHER MACLEAN MEMBER
"Julianne Wright" JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated May 16, 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 June 5, 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