Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 2 - Suburban
File: D08-02-25/A-00254
Applications: Minor Variance under section 45 of the Planning Act
Applicants: B. Saeed-Khan and M. Adil Khan
Property Address: 587 Sherbourne Road
Ward: 7 - Bay
Legal Description: Lot 13, Registered Plan 351397
Zoning: R1O
Zoning By-law: 2008-250
Heard: February 3, 2026, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to construct an addition and deck at the rear of the existing detached dwelling, as shown on plans filed with the Committee.
REQUESTED VARIANCES
2The Applicants require the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit a reduced rear yard setback of 1.45 metres, or 6.3% of the lot depth, whereas the By-law requires a minimum rear yard setback of at least 25% of the lot depth, or 6 metres.
b) To permit a reduced rear yard area of 48.18 square metres, or 7.14% of the lot area, whereas the By-law requires a minimum rear yard area of 25% of the lot area, or 168.67 square metres.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4Scott Puddicombe, agent for the Applicants, provided an overview of the application, highlighting that the purpose of the proposal is to accommodate an elevator for accessibility.
5The Committee also heard oral submissions from the following individuals:
- J. Girling, resident, highlighted concerns about the impact on her privacy and inquired if an outdoor ramp would be constructed off the proposed deck.
6In response to Ms. Girling’s concerns, Mr. Puddicombe confirmed there are no plans to construct a ramp off the proposed deck.
7City Planner Dylan Geldart confirmed that he had no concerns with the application.
8Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
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 variances are minor, are desirable for the appropriate development or use of the land, building or structure, and whether the general intent and purpose of the
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 a cover letter, plans, tree information, 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 dated January 27, 2026, with no objections.
Hydro Ottawa email dated January 28, 2026, with comments.
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.
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 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 plans filed with the Committee of Adjustment on November 27, 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 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
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