Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE AND MINOR VARIANCE
February 13, 2026
Panel:
1 - Urban
Files:
D08-01-25/B-00306 & D08-01-26/B-00004 D08-02-26/A-00001 & D08-02-26/A-00003
Applications:
Consent under section 53 of the Planning Act Minor Variance under section 45 of the Planning Act
Applicant:
17 Noel St. Inc.
Property Address:
17 Noel Street
Ward:
13 - Rideau-Rockcliffe
Legal Description:
Part of Lot 20, Registered Plan 68
Zoning:
R3P
Zoning By-law:
2008-250
Heard:
February 4, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant wants to subdivide the property into two separate parcels of land to construct two long semi-detached dwellings, as shown on the plans filed with the Committee. The existing single detached dwelling will be demolished.
CONSENT REQUIRED:
2The Applicant seeks the Committee’s consent to sever land and for grant of easements/rights of way. The property is shown as parts 1 to 4 on a draft 4R-plan filed with the applications.
Table 1 Proposed Parcels
File No.
Frontage
Depth
Area
Part No.
Building
B-00306
8.39 metres
33.53 metres
281.2 sq. metres
1 & 2
One long semi- detached dwelling
B-00004
8.39 metres
33.53 metres
281.1 sq. metres
3 & 4
One long semi-detached dwelling
3It is proposed to establish easements/rights of way as follows:
Over Part 2 in favour of Parts 3 and 4 for vehicular and pedestrian traffic.
Over Part 3 in favour of Parts 1 and 2 for vehicular and pedestrian traffic.
4The proposal does not comply with the Zoning By-law and therefore minor variance applications have also been filed.
REQUESTED VARIANCES
5The Applicant seeks the Committee of Adjustment’s authorization for minor variances from the Zoning By-law as follows:
A-00001: Part 1 and 2 on draft 4R-plan, proposed long semi-detached dwelling:
a) To permit a reduced lot width of 8.39 metres, whereas the By-law requires a minimum lot width of 10 metres;
b) To permit a reduced lot area of 281.1 square metres, whereas the By-law requires a minimum lot area of 300 square metres.
A-00003: Part 3 and 4 on Draft 4R-plan, proposed long semi-detached dwelling:
c) To permit a reduced lot width of 8.39 metres, whereas the By-law requires a minimum lot width of 10 metres;
d) To permit a reduced lot area of 281.1 square metres, whereas the By-law requires a minimum lot area of 300 square metres.
6The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
7Jamie Rathwell, 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.
8Ms. Rathwell confirmed that each building would have two dwelling units, for a total of four dwelling units. She further advised that the boundary trees in the rear yard would be retained.
9City Forester Julien Alvarez-Barham confirmed that compensation would be requested for the removal of trees through the tree permit application rather than a condition for a Letter of Undertaking and securities for the tree protection. He also highlighted that a tree planting plan condition was requested to ensure the replacement of trees on the property.
10The Committee also heard oral submissions from the following individual:
- J. Jarecsni, resident, highlighted concerns about the density and massing of the development, as well as its impact on the character of the neighbourhood, snow clearing and parking.
11Responding to the concerns raised by residents, Ms. Rathwell confirmed that the proposed development complies with parking requirements under the Zoning By-law and, considering its modest size, any potential on street parking would be minimized. She also confirmed that sufficient landscape area in both the front and rear yards would accommodate snow storage.
12Ms. Rathwell requested that the City’s requested condition for a stormwater management report be revised to allow for a stormwater brief instead. However, the Panel made a finding that, under the circumstances, the City’s requested condition, as originally worded, was both reasonable and necessary.
13City Planner Penelope Horn confirmed that the condition requiring a letter of undertaking and payment of securities for trees could be removed.
DECISION AND REASONS OF THE COMMITTEE:
• CONSENT APPLICATIONS GRANTED
• MINOR VARIANCE APPLICATIONS GRANTED
Consent Application Must Satisfy Statutory Tests
14Under 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 Planning Statement, 2024, 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
15The 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
16Evidence 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
17Applications and supporting documents, including a cover letter, plans, tree information report, parcel abstract, streetscape character analysis, photo of the posted sign, and a sign posting declaration.
City Planning Report received January 29, 2026, with no concerns.
Rideau Valley Conservation Authority email received January 27, 2026, with no objections.
Hydro Ottawa email received January 28, 2026, with comments.
P. Pincombe and R. Legault, residents, email received January 28, 2026, opposed.
P. Fallis and L. Dicaire, residents, email received February 4, 2026, with comments.
Effect of Submissions on Decision
18The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications.
19The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, subject to the amended conditions agreed to by the Applicant’s agent.
20Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Planning Statement, 2024, that promotes building homes, sustaining strong communities; providing infrastructure and public service facilities in an efficient manner while accommodating projected needs; the wise use and management of resources; and, protecting public health and safety.
21The 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.
22Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
23Moreover, 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.
24Based on the evidence, the Committee is also satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
25The Committee notes that no compelling evidence was presented that the requested variances would result in any unacceptable adverse impact on neighbouring properties.
26Considering 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.
27The 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.
28In 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.
29Moreover, the Committee finds that the requested variances are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
30THE COMMITTEE OF ADJUSTMENT 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.
31THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the minor variance applications are granted and the variances to the Zoning By-law are 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 February 13, 2026.
“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 March 5, 2026.
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”.
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APPENDIX “A”
The Owner(s) provide evidence that the accompanying minor variance applications (D08-02-26/A-00001 & D08-02-26/A-00003) have been approved, with all levels of appeal exhausted.
That the Owner(s) submit a request for municipal addresses for each parcel, as required, to be assigned by the City, to the satisfaction of the Chief Building Official, or their designate. Confirmation of the assigned municipal addresses shall be provided in writing from Municipal Addressing, Building Code Services, to the Committee.
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 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 predevelopment 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.
The Owner(s) shall enter into a Development Agreement with the City to construct
the required stormwater system, which may include 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 all necessary approvals 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(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.
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, install an asphalt overlay over the roadway surface of Insert ROW Name, 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/Applicant(s) provide Grading, Servicing, & Site plans 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) provide a tree planting plan, prepared to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, showing the location(s) and species or ultimate size of at least one new tree (50 mm caliper) per lot, in addition to any compensation trees required under the Tree Protection By-law.
That the Owner(s) provide evidence to the satisfaction of the Chief Building Official, or designate, that the existing dwelling and detached garage been demolished or relocated under the authority of a building permit.
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 to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.
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 Conveyance for which the Consent is required to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.