Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
Panel: 3 - Rural
Application: Consent under section 53 of the Planning Act
Applicant: Deschenes-Poitras Realty Corp.
Property Address: 1145 Carp Road
Ward: 6 - Stittsville
Legal Description: Part of the west half of Lot 23, Concession 12, Geographic Township of Goulbourn
Zoning: AM9
Zoning By-law: 2008-250
Heard: April 15, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant wants to subdivide their property into two separate lots. The existing dental office building will remain on one lot and it is proposed to develop a low-rise apartment building on the other lot. The existing detached dwelling on the property will be demolished.
CONSENT REQUIRED
2The Applicant seeks the Committee’s consent to sever land and for grants of easements/rights of way. The property is shown as Parts 1 to 25 on a draft 4R- plan filed with the applications and the separate parcels will be as follows:
Table 1 Proposed Parcels
| File No. | Frontage | Depth | Area | Part No. | Municipal Address |
|---|---|---|---|---|---|
| B-00058 | 47.39 m | 95.8 m (irregular) | 3,664.5 sq. m | 1 to 12 | 6225 Hazeldean Road |
| B-00059 | 34.64 m | 44.9 m (irregular) | 3,457.6 sq. m | 13 to 25 | 1145 Carp Road |
3It is proposed to establish easements/rights of way as follows:
Over Parts 1 to 7 and Parts 9 to 12 in favour of Parts 13 to 25 for access, parking, servicing and utilities.
Over Parts 13 to 21 and Parts 23 to 25 in favour of Parts 1 to 12 for access, parking, servicing and utilities.
PUBLIC HEARING
Oral Submissions Summary
4Simran Soor and Greg Winters, agents for the Applicant, responded to questions from the Committee. Ms. Soor indicated that the Applicant had no concerns with City’s requested conditions of provisional consent.
5City Planner Elizabeth King had no concerns with the application.
DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED
Application(s) Must Satisfy Statutory Tests
6Under 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. 32, s. 31
(2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
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:
Applications and supporting documents, including cover letter, plans, parcel register, and a sign posting declaration.
City Planning Report received April 9, 2025, with no concerns.
Mississippi Valley Conservation Authority email dated April 14, 2025, with no objections.
Hydro Ottawa email dated April 4, 2025, with no concerns.
J. Van Dusen, resident, email dated April 11, 2025, opposed
J. & J Van Dusen, residents, email dated April 11, 2025, opposed
Effect of Submissions on Decision
8The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.
9The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, subject to the requested conditions agreed to by the Applicant’s agent, “as the proposal is subject to an approved Site Plan Control Application”.
10Based 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.
11The 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.
12Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
13Moreover, 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.
14THE COMMITTEE OF ADJUSTMENT ORDERS that the applications are granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
Absent TERENCE OTTO VICE-CHAIR
"Gary Duncan" GARY DUNCAN MEMBER
"Beth Henderson" BETH HENDERSON MEMBER
Absent MARTIN VERVOORT MEMBER
"Jocelyn Chandler" JOCELYN CHANDLER ACTING PANEL CHAIR
“Simon Coakeley” SIMON COAKELEY MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated April 25, 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 May 15, 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
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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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
APPENDIX A
- That the Owner(s) enter into either a Site Plan Agreement or Development Agreement with the City, at the expense of the Owner(s), which is to be registered on title to deal with the following:
a) The Owner acknowledges and agrees it shall grant to the City, at the Owner’s expense, a Blanket Easement over the lands, with the right and licence of free, uninterrupted, unimpeded and unobstructed access to the City to enter on and to pass at any and all times, on, over, along and upon the lands with or without vehicles, supplies, machinery and equipment for all purposes necessary or convenient to construct, maintain, repair and replace the Sewage Pumping Station, Forcemain, Private Watermains, Private Service Posts and fire hydrants at the Owner’s expense.
The Owner acknowledges and agrees that notwithstanding the rights granted to the City under the grant of easement, the Owner remains responsible at all times for the maintenance, inspection, alteration, repair, replacement and reconstruction of the utility in the said lands during their term of use. The Owner acknowledges and agrees to provide an electronic copy of the Transfer of Easement prior to the execution of this Agreement by the City, to the satisfaction of the City Clerk and Solicitor. All costs shall be borne by the Owner.
b) The Owner acknowledges and agrees that a notice shall be registered on title to the subject lands, at the Owner’s expense. The Owner further acknowledges and agrees that such notice on title, or the clauses as written directly below, shall be included in all agreements of purchase and sale and lease agreements to inform prospective purchasers and tenants of these matters. The notice on title shall include, but not be limited to, the following:
“The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that portions of the private sanitary forcemain exist within the road allowance along 1145 Carp Road (Hazeldean Road frontage) owned by the City of Ottawa (the “City”) and that the Vendor has entered into a Licence to Occupy the said road allowance confirming that the Vendor bears all responsibility and liabilities for the purpose of constructing, operating and maintaining a private sanitary forcemain within the Road Allowance. The Purchaser/Lessee hereby covenants with the Vendor/Lessor and agrees to enter into an assumption agreement or new license of occupation with the City with respect to the private sanitary forcemain located in the City-owned road allowance on substantially similar terms.
“The purchaser/lessee covenants with the vendor/lessor that the above clauses, verbatim, shall be included in all subsequent agreements of purchase and sale and lease agreements for the lands described herein, which covenant shall run with the said lands.”
The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
- That the Owner(s) provide a servicing plan or other proof, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, that each existing building and/or unit on the severed and retained parcels has its own independent water, sanitary and sewer connection, as appropriate, that are directly connected to City infrastructure and do not cross the proposed severance line.
If the services are shared, and there is sufficient justification for the service locations to remain, the Owner(s) may be required to obtain an Environmental Compliance Approval (ECA) from the Ministry of Environment, Conservation and Parks, the approval of the Committee to grant easement(s) for access and maintenance of the services, and/or to register on title, a Joint Use and Maintenance Agreement, between the Owners of the services, which shall be at their own costs.
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 and easements/rights-of-way for which the Consent is required.