Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: February 13, 2026
Panel: 3 - Rural
File: D08-02-25/A-00255
Application: Minor Variance under section 45 of the Planning Act
Applicants: D. and R. Milne
Property Address: 1088 Boucher Crescent
Ward: 21 - Rideau-Jock
Legal Description: Part 2 (Broken Front), Lot 8, Concession A, Geographic Township of North Gower
Zoning: RR10
Zoning By-law: 2008-250
Heard: February 3, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to construct a new detached dwelling, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Applicants request that the Committee authorize a minor variance from the Zoning By-law to permit a reduced setback to the normal highwater mark of a watercourse or waterbody (Rideau River) of 18.48 metres, whereas the By-law requires a minimum setback of 30 metres to the normal highwater mark of any watercourse or waterbody.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Responding to the Panel’s questions, Dayna Edwards, agent for the Applicants, confirmed that stormwater runoff would be directed into the City right of way, not onto abutting properties. She also highlighted that a grading and servicing plan would be required and provided at the building permit stage.
5The Committee also heard oral submissions from the following individuals:
- M. and I. Kent, residents, highlighted concerns about grading and the impact of the proposal on water runoff over the lot line and into a swale on their property.
6City Planner Wendy Yang confirmed that she had no concerns with the application.
7Steve Bowen of the Rideau Valley Conservation Authority confirmed that the proposal is located outside of the flood plain and that any development or site alteration within the regulated area surrounding the flood plain would require a permit under the Conservation Authorities Act.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
8The 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
9Evidence 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, tree information report, 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 no comments.
- M. and I. Kent, residents, email received January 30, 2026, with concerns.
Effect of Submissions on Decision
10The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
11Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
12The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
13The Committee also notes that no compelling evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
14Considering 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.
15The 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.
16In 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.
17Moreover, 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.
18THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the variance to the Zoning By-law is authorized, subject to the location and size of the proposed construction complying with the plans filed with the Committee of Adjustment on January 13, 2026, as they relate to the requested variance.
"Terence Otto" TERENCE OTTO VICE-CHAIR
"Gary Duncan" GARY DUNCAN MEMBER
"Beth Henderson" BETH HENDERSON MEMBER
"Martin Vervoort" MARTIN VERVOORT MEMBER
"Jocelyn Chandler" JOCELYN CHANDLER 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
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