Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
May 16, 2025
Panel:
3 - Rural
D08-01-24/B-00244
Application:
Consent under section 53 of the Planning Act
Applicant:
Dariush Eslimi-Esfahani
Property Address:
2933 Breezy Heights Road
Ward:
5 - West Carleton-March
Legal Description:
Part of Lot 2, Concession 3, Geographic Township of Fitzroy
Zoning:
AG2
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 subdivide their property into two separate parcels of land.
CONSENT REQUIRED
2The Applicant seeks the Committee’s consent to sever land.
3The severed land is shown on the sketch plan filed with the application, and will have a frontage of 82.80 metres, a depth of 74.67 metres, and an area of 0.56 hectares. This lot will contain a single detached dwelling and two accessory structures and will be known municipally as 2925 Breezy Heights.
4The retained land shown on said sketch will have a frontage of 116.76 metres, an irregular depth, and an area of 18.34 hectares. This lot is known municipally as 2933 Breezy Heights Road, and contains an existing detached dwelling, four accessory structures and the associated agricultural lands.
5The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
6Responding to the Panel’s questions, Dariush Eslimi-Esfahani, Applicant, confirmed that he was in agreement with all the City’s requested conditions of provisional consent.
7City Planner Luke Teeft indicated that the department originally had some concerns with the location of the well, but after discussion with the Applicant, Mr. Teeft confirmed that these concerns would be addressed through the requested conditions of provisional consent.
8Ryan Crowle, agent for the Applicant, was also present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
9Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Policy Statement and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):
Criteria
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
b) whether the proposed subdivision is premature or in the public interest;
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
d) the suitability of the land for the purposes for which it is to be subdivided;
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
f) the dimensions and shapes of the proposed lots;
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
h) conservation of natural resources and flood control;
i) the adequacy of utilities and municipal services;
j) the adequacy of school sites;
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2)
of the City of Toronto Act, 2006. 1994, c. 23, s. 30; [2001, c.](https://www.canlii.org/en/on/laws/astat/so-2001-c-32/latest/so-2001-c-32.html) 32, s. 31
(2); [2006, c.](https://www.canlii.org/en/on/laws/astat/so-2006-c-23/latest/so-2006-c-23.html) 23, s. 22 (3, 4); [2016, c.](https://www.canlii.org/en/on/laws/astat/so-2016-c-25/latest/so-2016-c-25.html) 25, Sched. 4, s. 8 (2).
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, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 1, 2025, with concerns.
Mississippi Valley Conservation Authority email received April 29, 2025, with no objections.
Hydro Ottawa email received April 16, 2025, with no comments.
Ontario Ministry of Transportation email received April 15, 2025, with no comments.
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.
12The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, subject to the City’s requested conditions agreed to by the Applicant.
13Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Policy Statement that promotes efficient land use and development as well as intensification and redevelopment within built-up areas, based on local conditions.
14The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.
15Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
16Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.
17THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
"Terence Otto" TERENCE OTTO VICE-CHAIR
"Gary Duncan" GARY DUNCAN MEMBER
"Beth Henderson" 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 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](https://olt.gov.on.ca/e-file-service/) [Portal .](https://olt.gov.on.ca/e-file-service/) 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](https://olt.gov.on.ca/wp-content/uploads/Appeal-Form-A1.html) [Tribunal.](https://olt.gov.on.ca/wp-content/uploads/Appeal-Form-A1.html) 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](https://olt.gov.on.ca/wp-content/uploads/Appeal-Form-A1.html) [Land Tribunal. In person payment can be made by certified cheque or money](https://olt.gov.on.ca/wp-content/uploads/Appeal-Form-A1.html) [order](https://olt.gov.on.ca/wp-content/uploads/Appeal-Form-A1.html) 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 |](https://olt.gov.on.ca/file-an-appeal/) [Ontario Land Tribunal](https://olt.gov.on.ca/file-an-appeal/)
NOTICE TO APPLICANT(S)
Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.
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APPENDIX A
That the Owner(s) obtain a Zoning By-law Amendment that prohibits residential development on the retained lands, with all levels of appeal exhausted. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
That the Owner(s) provide proof, to the satisfaction of the Manager of Development Review All Wards, or their designate, that each existing parcel has its own well, independent private sewage system, and storm/foundation drainage and that they do not cross the proposed severance line. If the systems do cross, are not independent, or do not meet the minimum spacing requirements of the Ontario Building Code and City of Ottawa Hydrogeological and Terrain Analysis Guidelines, the Owner(s) will be required, at their own cost, to relocate the existing systems or construct new systems.
That the Owner(s) provide a report, to the satisfaction of the Manager of Development Review All Wards, or their designate, demonstrating the adequacy of the aquifer, with respect to quality and quantity, to support the proposed development.
Where adequacy cannot be demonstrated, the Owner(s) shall construct a new well on the severed lands and provide a report, to the satisfaction of the Manager of Development Review All Wards, or their designate, to demonstrate the adequacy of the aquifer, with respect to quality and quantity, to support the proposed development. The report must include a septic impact assessment to evaluate the water quality impact of the on-site septic system on the receiving aquifer.
The report must demonstrate the following:
a. That the construction of any new well on the severed parcel is in accordance with the Ministry of the Environment, Conservation and Parks;
b. That the quality of the water meets the Ministry of the Environment, Conservation and Parks Regulations, Standards, Guidelines and Objectives;
c. That the quantity of water meets all the Ministry of the Environment,
Conservation and Parks requirements; and
d. That the septic impact assessment meets the Ministry of the Environment, Conservation and Parks requirements.
A qualified Professional Engineer or Professional Geoscientist must prepare the report. It is the Owner’s responsibility to coordinate the person drilling a new well, if required, and the professional noted herein in order to properly satisfy this condition.
If the accepted report recommends specific mitigation measures or design requirements, the Owner(s) shall enter into a Development Agreement with the City, at the expense of the Owner(s), to include those recommendations and such agreement shall be registered on title. In instances where the subject site has sensitive soils, the drilling of a well and/or the conveyance of a 30-centimetre reserve may be required. Both the report and any required Development Agreement shall be prepared to the satisfaction of the Manager of Development Review All Wards, or their designate.
The Report shall be prepared as per Procedure D-5-4 “Technical Guideline for Individual On-Site Sewage Systems: Water Quality Impact Risk Assessment” and Procedure D-5-5 “Technical Guideline for Private Wells: Water Supply Assessment”.
- That the Owner(s) enter into an Agreement with the City, at the expense of the Owner(s), which is to be registered on title to deal with the following covenants/notices that shall run with the land and bind future owners on subsequent transfers:
“The property is located next to lands that have an existing source of environmental noise (collector road) and may therefore be subject to noise and other activities associated with that use.”
“The City of Ottawa does not guarantee the quality or quantity of the groundwater. If, at some future date, the quality or the quantity of the groundwater becomes deficient, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.”
The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
Pursuant to clause 51 (25) (c) of the Planning Act and Schedule C16 of the City’s Official Plan, the Owner conveys to the City, at no cost to the City, an unencumbered road widening across the complete Breezy Heights frontage of the lands, measuring 13 meters from the existing centerline of pavement/the abutting right-of-way. The exact widening must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the widening, to the City Surveyor for review and approval prior to its deposit in the Land Registry Office. Such reference plan must be tied to the Horizontal Control Network in accordance with the municipal requirements and guidelines for referencing legal surveys. The Owner(s) must provide to the City Surveyor a copy of the Committee of Adjustment Decision and a draft Reference Plan that sets out the required widening. The Committee shall be provided written confirmation from City Legal Services that the transfer of the widening to the City has been registered. All costs shall be borne by the Owner.
That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent.
That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for a conveyance for which the Consent is required.