Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 1 - Urban
Application: Minor Variance under section 45 of the Planning Act
Applicant: 2763079 Canada Inc.
Property Address: 122A Osgoode Street
Ward: 12 - Rideau-Vanier
Legal Description: Part of Lot 17 (South Osgoode Street), Registered Plan 25223
Zoning: LC1 [2263]
Zoning By-law: 2008-250
Heard: August 20, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a three-storey addition at the rear of the existing mixed-use building. The existing building will be converted into two residential units and four more residential units will be added within the new addition, for a total of six units, as shown on plans filed with the Committee.
2At the scheduled hearing on June 18, 2025, the Committee adjourned the application to allow the Applicant time to apply for additional variances. The application was revised and a notice circulated for a hearing on August 6, 2025. It was subsequently determined that additional variances are required from the Heritage Overlay provisions of the Zoning By-law.
REQUESTED VARIANCE
3The Applicant seeks the Committee’s authorization for the following minor variances from the Zoning By-law:
a) To permit a reduced rear yard setback of 6.19 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres.
b) To permit a reduced (east) interior side yard setback of 0.61 metres, whereas the By-law requires a minimum interior side yard setback of 1.2 metres.
c) To permit a reduced (west) interior side yard setback of 0 metres, whereas the By-law requires a minimum interior side yard setback of 1.2 metres.
d) To permit a reduced front yard setback of 0 metres, whereas the By-law requires a minimum front yard setback of 3.0 metres.
e) To permit an increased building height for an addition of 10.66 metres, whereas the By-law states that an addition to a building in an area to which a heritage overlay applies is permitted only if the height of the walls and height and slope of the roof do not exceed those of the building, or 9.09 metres in this case.
f) To permit projections into both interior side yards (concrete steps), whereas the By-law states that projections are not permitted into the front, corner side or side yard in an area to which a heritage overlay applies.
4The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
5Niels Luettge, agent for the Applicant, provided a brief overview of the application. He highlighted that the existing building, a former bookstore, has been vacant for years, and referred to the site plan and elevation drawings on file to illustrate how it was proposed to be restored and converted to a six-unit apartment building.
6Responding to the Committee’s questions, Mr. Luettge indicated the proposed building would feature a mix of four two-bedroom and two bachelor units. Mr. Luettge also clarified that, in discussion with an area resident, the roof design had been altered from a gable to a flat roof, necessitating a variance for increased building height, though the roof of the addition would be below the peak of the existing building. Additionally, he noted that the intent was to drain runoff to the rear of the property but acknowledged that the final drainage plan would be determined in consultation with City staff at the building permit stage.
7The Committee also heard oral submissions from the following individuals:
- J. Desgranges, resident, expressed support for the substitution of the flat roof, but noted concerns over the reduction of the rear yard, particularly as compared to the existing condition, as well as access for construction machinery, and drainage.
8City Planner Penelope Horn was also present.
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, photo of the posted sign, and a sign posting declaration.
City Planning Report received August 14, 2025, with no concerns; received July 31, 2025.
Rideau Valley Conservation Authority email received August 15, 2025, with no objections; received August 1, 2025, with no objections.
Hydro Ottawa email received August 12, 2025, with comments; received July 25, 2025, with comments.
Ontario Ministry of Transportation email received July 25, 2025, with no comments.
J. Desgranges email received August 19, 2025, with concerns; received August 6, 2025, with concerns.
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 variances meet 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 application.
14The Committee also notes that no compelling evidence was presented that the variances 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 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.
16The 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.
17In 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.
18Moreover, 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.
19THE 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 July 25, 2025, as they relate to the requested variances.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
"Colin Haskin" COLIN HASKIN MEMBER
Declared Interest ARTO KEKLIKIAN MEMBER
"Sharon Lécuyer" SHARON LÉCUYER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated August 29, 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 September 18, 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
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