Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE AND MINOR VARIANCE
Panel: 1 - Urban
Applications: Consent under section 53 of the Planning Act Minor Variance under section 45 of the Planning Act
Applicants: A. Korobkova, E. Solovyova, and B. Paquette
Property Address: 256 Northwestern Avenue
Ward: 15 - Kitchissippi
Legal Description: Part of Lot 1, Registered Plan 331
Zoning: R2D [2159]
Zoning By-law: 2008-250
Heard: September 3, 2025, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATIONS:
1At the scheduled hearing on May 7, 2025, the Committee adjourned the consent application to allow the Applicants time to apply for a minor variance.
2The Applicants want to subdivide the property into two separate parcels of land to obtain separate ownership for each half of a two-storey semi-detached dwelling under construction.
CONSENT REQUIRED:
3The Applicants seek the Committee’s consent to sever land. The property is shown as Parts 1 and 2 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-00022 | 7.53 metres | 39.5 metres | 297.43 sq. metres | 1 | 256 Northwestern one half of semi-detached dwelling |
| (Retained) | 7.64 metres | 39.5 metres | 301.97 sq. metres | 2 | 258 Northwestern one half of semi-detached dwelling |
4Approval of these applications will have the effect of creating separate parcels of land that will not be in conformity with the requirements of the Zoning By-law and therefore, minor variance applications (File No. D08-02-25/A-00183) have been filed and will be heard concurrently with these applications.
REQUESTED VARIANCE
A-00183: 256 Northwestern Avenue, Part 1 on the draft 4R-plan, one half of proposed semi-detached dwelling:
5The Applicants seek the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced lot width of 7.52 metres, whereas the By-law requires a minimum lot width of 9 metres.
6The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
7Chris Jalkotzy, agent for the Applicants, and City Planner Dylan Geldart, were present.
8There were no objections to granting these unopposed applications as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE:
• CONSENT APPLICATION GRANTED
• MINOR VARIANCE APPLICATION GRANTED
Consent 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. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
Minor Variance Application Must Satisfy Statutory Four-Part Test
10The 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
11Evidence 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, parcel register abstract, tree information report, photo of the posted sign, and a sign posting declaration.
City Planning Report received August 27, 2025, with no concerns; received May 1, 2025, requesting adjournment of the applications.
Rideau Valley Conservation Authority email dated August 29, 2025, with no objection; received April 30, 2025, with no objections.
Ontario Ministry of Transportation email dated September 2, 2025, with no concerns; received April 16, 2025, with no comments.
Hydro Ottawa email dated April 16, 2025, with comments.
H. Pearl, Chair, Champlain Park Community Association, email dated May 6, 2025, requesting adjournment of the applications.
Effect of Submissions on Decision
12The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications.
13The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, subject to the requested conditions of provisional consent agreed to by the Applicants’ agent.
14Based 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.
15The 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.
16Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
17Moreover, 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.
18Based on the evidence, the Committee is also satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
19The Committee notes that no evidence was presented that the requested variance would result in any unacceptable adverse impact on neighbouring properties.
20Considering 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.
21The 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.
22In 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.
23Moreover, 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.
24THE COMMITTEE OF ADJUSTMENT THEREFORE ORDERS that the consent application is granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
25THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the minor variance application is granted and the variance to the Zoning By-law is authorized.
"Ann M. Tremblay" ANN M. TREMBLAY CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
"Colin Haskin" COLIN HASKIN MEMBER
"Arto Keklikian" 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 September 12, 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 October 2, 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 APPLICANTS
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”
The Owner(s) provide evidence that the accompanying minor variance application (D08-02-25/A-00183) has been approved, with all levels of appeal exhausted.
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 covenant/notice 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 (arterial road) and may therefore be subject to noise and other activities associated with that use.”
“The property is located next to lands that have an active railway line now, or may have one in the future, and may therefore be subjected to noise, vibration, and other activities associated with this use.”
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) enter into a Joint Use and Maintenance Agreement, at the expense of the Owner(s), setting forth the obligations between the Owner(s) and the proposed future owners with respect to the joint use and maintenance of all common elements including, but not limited to, the common party walls, common structural elements such as roof, footings, soffits, foundations, common areas, common driveways and common landscaping.
The Owner shall ensure that the Agreement is binding upon all unit owners and successors in title and shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or City Legal Services. The Committee shall be provided written confirmation that the Agreement is satisfactory to the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or is satisfactory to City Legal Services, as well as a copy of the Agreement and confirmation that it has been registered on title.
That the Owner/Applicant(s) provide and implement a tree planting plan, to the satisfaction of the Manager of the relevant Branch within the Planning, Real Estate and Economic Development Department, or their designate(s), showing the location(s), species/ultimate size of one new 50 mm tree per lot, to be planted on the property frontage or median following construction, to enhance the urban tree canopy and streetscape.
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 severance for which the Consent is required.