Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: September 12, 2025
Panel: 1 - Urban
File No.: D08-02-25/A-00004
Application: Minor Variance under section 45 of the Planning Act
Applicant: 200 Durocher Inc.
Property Address: 200 Durocher Street
Ward: 12 - Rideau-Vanier
Legal Description: Part of Lot 7 and Part of Lot 8, Block C, Registered Plan 113
Zoning: R4UD
Zoning By-law: 2008-250
Heard: September 3, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a third-storey addition over its existing two-storey mixed-use building, resulting in its conversion to an eight-unit, low-rise apartment building, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Applicant seeks the Committee’s authorization for the following minor variances from the Zoning By-law:
a) To permit no permanent fixtures in the front or corner side yards to prevent motor vehicle parking, whereas the By-law states that the front and corner sideyard must be equipped with solid, permanent fixtures sufficient to prevent motor vehicle parking.
b) To permit one motor vehicle parking space, whereas the By-law does not permit motor vehicle parking on a lot less than 450 square metres in area.
c) To permit 0 per cent of area of the front façade to be recessed from the front setback line, whereas the By-law requires at least 20 per cent of the area of the front façade to be recessed an additional 0.6 metres from the front setback line.
d) To permit a reduced rear yard setback of 4.3 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres.
e) To permit a reduced front yard setback of 1.27 metres, whereas the By-law requires a minimum front yard setback of 4.5 metres.
f) To permit a reduced corner side yard setback of 0.34 metres, whereas the By- law requires a minimum corner side yard setback of 1.5 metres.
g) To permit windows to comprise 12.7% 17% of the front facade, whereas the By-law requires the front façade to comprise at least 25% windows.
h) To permit windows to comprise 3.81% of the corner side facade, whereas the By law requires the corner side facade to comprise at least 15% windows.
PUBLIC HEARING
3At the scheduled hearing on August 20, 2025, the application was adjourned to allow the Applicant time to submit revised plans which addressed concerns raised by the City’s Planning Department.
Oral Submissions Summary
4Andrew Russell, agent 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. Mr. Russell confirmed that, as a result of the revised plans submitted, variance (h) could be deleted, and variance (g) would need to be amended as follows:
g) To permit windows to comprise 12.7% 17% of the front facade, whereas the By-law requires the front façade to comprise at least 25% windows.
5With no objections, the application was amended accordingly.
6Responding to the Committee’s questions, Mr. Russell confirmed that variance (a) was still required as a permanent fixture was not proposed to the front of the property, however a planter box was proposed on the corner side yard of the lot.
7Responding to the Committee’s questions, City Planner Penelope Horn stated that she would support of amending variance (a) to acknowledge that there would be a planter on the corner side yard, and access would remain along Durocher Street.
8With no objections, the application was amended as follows:
a) To permit no permanent fixtures in the front or corner side yards to prevent motor vehicle parking, whereas the By-law states that the front and corner sideyard must be equipped with solid, permanent fixtures sufficient to prevent motor vehicle parking.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED AS AMENDED
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, revised plans, photo of the posted sign, and a sign posting declaration.
City Planning Report received August 14, 2025, with concerns; received August 28, 2025, with no concerns.
Rideau Valley Conservation Authority email received August 15, 2025, with no objections; received August 29, 2025, with no objections.
Ontario Ministry of Transportation email received September 2, 2025, with no concerns.
Hydro Ottawa email received August 12, 2025, with comments.
C. Villeneuve email received August 12, 2025, opposed.
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, as amended.
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 complying with the revised plans filed with the Committee of Adjustment on August 27, 2025, as they relate to the requested variances; and provided the variances are limited to the lifetime of the building.
"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
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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
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