Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 1 - Urban
Application: Minor Variance under section 45 of the Planning Act
Applicant: Homestead Land Holdings Limited
Property Address: 200 Clearview Avenue
Ward: 15 - Kitchissippi
Legal Description: Blocks A & D, Reg Plan 302828, and Part of Lot 32 Concession A (Ottawa Front), Geographic Township of Nepean
Zoning: R5C [2909] S216 & R5C H(78)
Zoning By-law: 2008-250
Heard: July 9, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to develop the site as a Planned Unit Development (PUD), by constructing a 25-storey, 187-unit, apartment building with 240 underground parking spaces, along the west side of the property, as shown on plans filed with the Committee. The existing 26-storey apartment building will remain on the east side of the property.
REQUESTED VARIANCES
2The Applicant seeks the Committee’s authorization for the following minor variances from the Zoning By-law:
a) To permit a reduced width of 3.6 metres for a private way leading to a garbage and move-in room, whereas the By-law requires a minimum width for a private way of 6 metres.
b) To permit a reduced setback of 0 metres from the wall of the proposed residential building to the private way, accessing the garbage and move-in room, whereas the By-law requires a minimum setback of 1.8 metres.
c) To permit a reduced setback of 0 metres from the wall residential building to the private way, accessing the underground parking garage, whereas the By-law requires a minimum setback of 1.8 metres.
d) To permit an increased width of 6.7 metres for a double traffic lane providing access to less than 20 parking spaces, whereas the By-law permits a maximum width of 3.6 metres for a double traffic lane.
3The property is the subject of a Site Plan Control application (File No.: D07-12-24-0138) under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Patricia Warren, agent for the Applicant, and City Planner Penelope Horn were present.
5There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
6The 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
7Evidence 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 July 3, 2025, with no concerns.
Rideau Valley Conservation Authority email received July 4, 2025, with no objections.
Hydro Ottawa email received June 26, 2025, with comments.
Ontario Ministry of Transportation email received July 2, 2025, with no comments.
Effect of Submissions on Decision
8The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
9Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
11The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
12Considering 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.
13The 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.
14In 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.
15Moreover, 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.
16THE 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 May 30, 2025, as they relate to the requested variances.
"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 July 18, 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 August 7, 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