Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE AND MINOR VARIANCE
September 12, 2025
Panel:
2 - Suburban
D08-01-25/B-00085 to D08-01-25/B-00089 D08-02-25/A-00100 to D08-02-25/A-00103 D08-02-25/A-00139
Applications:
Consent under section 53 of the Planning Act Minor Variance under section 45 of the Planning Act
Applicant:
RDKS Investments Ltd.
Property Address:
15 Deerfox Drive and 3162 Woodroffe Avenue
Ward:
24 - Barrhaven East
Legal Description:
Part of Lot 15, Concession 2 (Rideau Front), Geographic Township of Nepean
Zoning:
R2V [2050]-h
Zoning By-law:
2008-250
Heard:
September 2, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1At the scheduled hearing on July 22, 2025, the Committee adjourned the applications sine die to allow the Applicant time to submit revised documents. The Applicant has since submitted revised material and wishes to proceed with the applications.
2The Applicant wants to subdivide the property into five separate parcels of land and establish an access easement for the construction of four, long semi-detached dwellings, as shown on the plans filed with the Committee. The existing dwelling at 15 Deerfox Drive and the existing dwelling at 3162 Woodroffe Avenue will both remain.
CONSENT REQUIRED:
3The Applicant seeks the Committee of Adjustment’s consent to sever land and grants of easements/rights-of-way. The property is shown as Parts 1 to 18 on a draft 4R-plan filed with the applications and the separate parcels will be as follows:
File No.
Frontage
Depth
Area
Part No.
Municipal Address
B-00085
10.10 m
32.04 m
334 sq. m
2, 11, 14
(Lot 4)
31, 33 Deerfox
(Long Semi-Detached)
B-00086
9.9 m
31.97 m
326.4 sq. m
3, 10, 12, 15
(Lot 3)
27, 29 Deerfox
(Long Semi-Detached)
B-00087
9.9 m
31.91 m
325.8 sq. m
4, 9, 13, 16
(Lot 2)
23, 25 Deerfox
(Long Semi-Detached)
B-00088
9.9 m
33.81 m
325.2 sq. m
5, 8, 17
(Lot 1)
19, 21 Deerfox
(Long Semi-Detached)
B-00089
6.44 m (Deerfox)
87.42 m (Woodroffe)
Irregular
11,351.9 sq. m
1, 6, 7, 8, 18
15 Deerfox,
3162 Woodroffe
(existing dwellings)
4It is proposed to establish the following easements/rights of way as follows:
- Over Parts 1 and 6 in favour of Parts 2 to 5, 8 to 17 for vehicular and pedestrian access.
- Over Part 12 in favour of Parts 4, 9, 13 & 16 for pedestrian access.
- Over Part 13 in favour of Parts 3, 10, 12 & 15 for pedestrian access.
- Over Part 14 in favour of Parts 3, 10, 12 & 15 for pedestrian access.
- Over Part 15 in favour of Parts 2, 11 & 14 for pedestrian access
- Over Part 16 in favour of Parts 5, 8 & 17 for pedestrian access.
- Over Part 17 in favour of Parts 4, 9, 13 & 16 for pedestrian access.
5Approval of these applications will have the effect of creating separate parcels of land, which along with the proposed development will not be in conformity with the requirements of the Zoning By-law and therefore, minor variance applications (D08-02-25/A-00100 to D08-02-25/A-00103, and D08-02-25/A-00139) have been filed and will be heard concurrently with these applications.
REQUESTED VARIANCES
6The Applicant requests that the Committee authorize minor variances from the Zoning By-law as follows:
A-00100: 31 Deerfox & 33 Deerfox, Parts 2, 11 & 14 on 4R-Draft Plan, Proposed Long Semi-Detached Dwelling:
a) To permit an increased building height of 11 metres, whereas the By-law permits a maximum building height of 9.5 metres.
A-00101: 27 Deerfox & 29 Deerfox, Parts 3 ,10, 12 & 15 on 4R-Draft Plan, Proposed Long Semi-Detached Dwelling:
b) To permit a reduced lot width of 9.8 metres, whereas the By-law requires a minimum lot width of 10 metres.
c) To permit an increased building height of 11 metres, whereas the By-law permits a maximum building height of 9.5 metres.
A-00102: 23 Deerfox & 25 Deerfox, Parts 4, 9, 13 & 16 on 4R-Draft Plan, Proposed Long Semi-Detached Dwelling:
d) To permit a reduced lot width of 9.8 metres, whereas the By-law requires a minimum lot width of 10 metres.
e) To permit an increased building height of 11 metres, whereas the By-law permits a maximum building height of 9.5 metres.
A-00103: 27 Deerfox & 29 Deerfox, Parts 5, 8 & 17 on 4R-Draft Plan, Proposed Long Semi-Detached Dwelling:
f) To permit a reduced lot width of 9.8 metres, whereas the By-law requires a minimum lot width of 10 metres.
g) To permit an increased building height of 11 metres, whereas the By-law permits a maximum building height of 9.5 metres.
A-00139: 15 Deerfox & 3162 Woodroffe, Parts 1, 6, 7 & 18 on 4R-Draft Plan, Detached dwellings:
h) To permit a reduced lot width of 6.38 metres, whereas the By-law requires a minimum lot width of 9 metres.
7The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
8Jeffrey Kelly and Murray Chown, agents for the Applicant, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request.
Responding to a question from the Panel regarding tree removal, Mr. Kelly confirmed that twelve trees would be removed. Ravi Shanghavi of RDKS Investments Ltd., the owner of the property, explained that he would consult with City Forestry staff regarding the retention of mature trees along the street. Mr. Shanghavi also addressed the Panel’s questions regarding the increased building height, noting that the proposed modular building design required additional structural elements for shipping and that 9-foot ceilings were proposed to meet current market expectations.
City Planner Dylan Geldart confirmed that the proposal complies with the minimum parking space rate required by the Zoning By-law, which is one parking space per principal dwelling unit. He further explained that the purpose of the minimum lot width is to maintain access to the lot and to make sure that the development can be adequately serviced.
9The Committee also heard oral submissions from the following individual:
- B. Amrou, resident, highlighted concerns about the density of the development, the justification provided for varying the Zoning By-law, impacts on the quality of life of area residents and future tenants, and the loss of mature trees, as well as the impacts of future development on the retained land.
10Mr. Kelly responded to written comments from the abutting property owner to the east regarding the height of the proposed buildings, noting that the City’s Official Plan contemplates low-rise residential development in this location and the nearest building would be set back 7.6 metres from the shared lot line, mitigating any impact from the increased height. Mr. Shanghavi also noted that a fence would be installed along the shared lot line.
11Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE:
• CONSENT APPLICATIONS GRANTED
• MINOR VARIANCE APPLICATIONS GRANTED
Consent Application Must Satisfy Statutory Tests
12Under 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
13The 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
14Evidence 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, tree planting plan, photo of the posted sign, and a sign posting declaration.
- City Planning Report received August 27, 2025, with no concerns.
- Rideau Valley Conservation Authority email received September 29, 2025, with no objections.
- Ontario Ministry of Transportation email received on August 21, 2025, with no comments.
- Ottawa International Airport Authority email received August 28, 2025, with no comments.
- T. Farlinger email received August 25, 2025, with comments.
Effect of Submissions on Decision
15The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications.
16The 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 Applicant’s agent.
17Based 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.
18The 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.
19Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
20Moreover, 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.
21Based on the evidence, the Committee is also satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
22The Committee notes that no compelling evidence was presented that the would result in any unacceptable adverse impact on neighbouring properties.
23Considering 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.
24The Committee also finds that the requested variances maintain the general intent and purpose of the Official Plan because the proposal contributes appropriate low-rise residential intensification in an area subject to the Evolving Neighbourhood Overlay.
25In 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.
26Moreover, 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.
27THE COMMITTEE OF ADJUSTMENT THEREFORE ORDERS that the consent applications are granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
28THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the minor variance applications are granted and the variances to the Zoning By-law are authorized, subject to the location and size of the proposed construction complying with the site plan filed with the Committee of Adjustment on July 7, 2025, and the elevation drawings filed with the Committee of Adjustment on June 25, 2025, as they relate to the requested variances.
"Fabian Poulin" FABIAN POULIN VICE-CHAIR
Absent JAY BALTZ MEMBER
"George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" HEATHER MACLEAN MEMBER
"Julianne Wright" JULIANNE WRIGHT 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 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”.
Ce document est également offert en français.
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”
The Owner(s) provide evidence that the accompanying minor variance applications (D08-02-25/A-00100 to D08-02-05/A-00103 & D08-02-25/A-00139) have been approved, with all levels of appeal exhausted.
That the Owner(s) provide evidence, to the satisfaction of the Manager of Development Review All Wards, Planning, Development and Building Services Department, that each existing parcel has its own independent storm, sanitary and water services connected to City infrastructure and that these services do not cross the proposed severance line. If they do cross or are not independent, the Owner(s) will be required, at their own cost, to relocate the existing services or construct new services from the City sewers/watermain. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
That the Owner(s) provide a Site Servicing Study, prepared by a Professional Civil Engineer, licensed in the Province of Ontario, outlining the municipal servicing requirements for each unit and indicating, if required, that capacity exists within existing City infrastructure. The study shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) enter into an Infrastructure Agreement with the City, at the expense of the Owner(s), to extend, at their own costs, the municipal services on Deerfox. Securities shall be posted for the necessary works in the City Right-of-Way to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. The Owner(s) must also obtain Ministry of the Environment, Conservation and Parks approval for the extension of the municipal services. 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 proof that a grading and drainage plan, prepared by a qualified Civil Engineer, licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, delineating the existing and proposed grades for both the severed and retained lands has been provided to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
The Owner(s) shall:
a) Prepare a Noise Control Study, in compliance with the City of Ottawa Environmental Noise Control Guidelines, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. The Owner(s) shall enter into an agreement with the City, at the expense of the Owner(s), that requires the Owner(s) to implement any noise control attenuation measures recommended in the approved study. The Agreement shall also deal with any covenants/notices, recommended in the approved study, that shall run with the land and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise (arterial, highway, airport, etc.). The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
Or
b) Design the dwelling units with central air conditioning and enter into an Agreement with the City, at the expense of the Owner, which is to be registered on title to deal with the covenants/ notices that will bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title. The following two conditions will be included in the above-noted Agreement.
Notices-on-Title respecting noise:
i. “The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that this dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the City of Ottawa’s and the Ministry of the Environment and Climate Change’s noise criteria.”
“The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that despite the inclusion of noise control features in this development and within building units, noise levels from increasing roadway traffic may be of concern, occasionally interfering with some activities of the dwelling occupants as the outdoor sound level exceeds the City of Ottawa’s and the Ministry of the Environment and Climate Change’s noise criteria.”
That the Owner(s) enter into a Resurfacing Agreement with the City, to the satisfaction of the Program Manager, Right of Way Branch within the Planning, Development and Building Services Department, or their designate, and provide financial security in accordance with the Road Activity By-law, as amended, to install an asphalt overlay over the roadway surface of Deerfox, fronting the subject lands, to the limits shown on the approved Site Servicing Plan. Where the approved Site Servicing Plan demonstrates the resurfacing is not required, based on the City’s Road Cut Resurfacing Policy, the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, shall deem this condition satisfied.
That the Owner(s) provide a Stormwater Management Report, prepared by a Professional Civil Engineer, licensed in the Province of Ontario, demonstrating a design for post-development stormwater peak flows that are controlled to pre-development peak flows for all stormwater events up to and including the 100 year storm event. The report shall be to the satisfaction of and approved by the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
If the Stormwater Management Report includes infiltration techniques, the Owner(s) must provide a supporting Geotechnical Brief prepared by a Professional Civil Engineer licensed in the Province of Ontario, for approval by the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) enter into a Development Agreement with the City to construct the required stormwater system, including posting required securities. A copy of the Agreement and written confirmation from City Legal Services that it has been registered on title, shall be forwarded to the Committee of Adjustment.
If applicable, the Owner(s) shall obtain an Environmental Compliance Approval from the Ontario Ministry of Environment, Conservation and Parks.
Should the stormwater management system cross property lines or access to the system be over multiple properties, that the owner will seek approval of the Committee to grant easement(s) for access and maintenance of the stormwater system or register a Joint Use and Maintenance Agreement on title of the properties, all at the owner(s) costs.
That the Owner/Applicant(s) provide a Grading and Servicing Plan with the proposed elements/structures (driveways, parking, retaining walls, projections, services, etc.) designed and located based on the least impact to protected trees and tree cover, as well as a revised Tree Information Report reflecting these changes to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner/Applicant(s) enter into a Development Agreement or a Letter of Undertaking (LOU) with the City of Ottawa, at the expense of the Owner/Applicant(s), and to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. A development agreement is to be registered on title of the property (where applicable). The agreement/LOU will include the tree protection and mitigation requirements detailed in the Tree Protection By-law and the approved Tree Information Report (or any approved revisions), and associated securities for tree protection. The securities, which will be based on the value of the tree(s) to be protected (Tree(s) 11, 18, 19, 20, 21, and 22) shall be retained for two (2) years following issuance of a final occupancy permit, and thereafter returned to the owner only upon the City having received a report from an arborist confirming that the identified tree(s) is/are healthy, retainable, and remain(s) structurally stable.
That the Owner(s) provide proof that payment has been made to the City of Ottawa for cash-in-lieu of the conveyance of land for park or other public recreational purposes, plus applicable appraisal cost. The value of the land otherwise required to be conveyed shall be determined by the City of Ottawa in accordance with the provisions of By-Law No. 2022-280, as amended. Information regarding the appraisal process can be obtained by contacting the Planner.
That the Owner(s) provide proof, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, that the holding zone has been lifted.
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 Deerfox Drive frontage of the lands, measuring 12 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 the conveyances and easements/rights-of-way for which the consent is required.