Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE AND PERMISSION
Panel: 1 - Urban
Application: Minor Variance and Permission under section 45 of the Planning Act
Applicant: Anthony and Margaret Holdings Inc.
Property Address: 293 MacLaren Street
Ward: 14 - Somerset
Legal Description: Part of Lots 1 and 2 (East O’Connor Street Lots) and Part of Lot 44 (North MacLaren Street Lots), Registered Plan 15558
Zoning: R5B [491] H (19)
Zoning By-law: 2008-250
Heard: August 6, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a second-storey addition, with a parking space below, at the rear of its existing commercial building. A portion of the existing building in the same location will be demolished.
REQUESTED PERMISSION
2The Applicant seeks the permission of the Committee to enlarge or extend a building or structure containing a legally non-conforming commercial use in the R5B zone.
REQUESTED VARIANCE
3The Applicant also seeks the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced interior (south) side yard setback for an addition of 2.3 metres, in line with the wall of the building located closest to the side lot line, whereas the By-law permits an addition in an area to which a Heritage Overlay applies only if the side yard setback is at least 0.60 metres greater than that of the wall of the building located closest to the side lot line.
4The property is not the subject of any other current application under the Planning Act.
Oral Submissions Summary
5Justin Enendu, agent for the Applicant, and City Planner Dylan Geldart were present.
6There 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 for a Minor Variance and Two-Part Test for a Permission
7The 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. The Committee also has the power to permit an extension of a legal non-conforming use under subsection 45(2) of the Planning Act based upon both the desirability for development of the property in question and the impact on the surrounding area.
Evidence
8Evidence 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 July 30, 2025, with no concerns.
Rideau Valley Conservation Authority email dated August 1, 2025, with no objections.
Hydro Ottawa email dated July 25, 2025, with comments.
Ontario Ministry of Transportation email dated July 25, 2025, with no comments.
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
10Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act. and that the requested permission meets the two-fold test relating to desirability and impact.
11The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that, “[a] heritage permit approving demolition of the existing rear addition and construction of the proposed rear addition was issued by Staff in July 2025.”
12The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties and no evidence was presented that the proposal would create any unacceptable impact on abutting properties or the neighbourhood in general.
13Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variance is, 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.
14The Committee also finds that the requested variance maintains the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.
15In addition, the Committee finds that the requested variance maintains the general intent and purpose of the Zoning By-law because the proposal represents orderly development that is compatible with the surrounding area.
16Moreover, the Committee finds that the requested variance is minor because it will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
17Considering the circumstances, the Committee also finds that, because the proposal fits well in the area, the requested permission is, from a planning and public interest point of view, desirable for the appropriate use of the land, building or structure on the property, and relative to the neighbouring lands.
18The Committee additionally finds that the requested permission will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
19THE COMMITTEE OF ADJUSTMENT ORDERS that the minor variance application is granted and the variance to the Zoning By-law is authorized, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped July 7, 2025, as they relate to the requested variance.
20THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the permission application is granted and the enlargement or extension is permitted, subject to the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped July 7, 2025, as they relate to the requested permission.
Absent ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
"Colin Haskin" COLIN HASKIN MEMBER
"Arto Keklikian" ARTO KEKLIKIAN MEMBER
"Sharon Lécuyer" SHARON LÉCUYER MEMBER
“Jocelyn Chandler” JOCELYN CHANDLER ACTING PANEL CHAIR
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated August 15, 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 4, 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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