Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
February 27, 2026
Panel:
2 - Suburban
File:
D08-02-26/A-00009
Application:
Minor Variance under section 45 of the Planning Act
Applicants:
B. Yin and H. Zhai
Property Address:
109 Point Prim Crescent
Ward:
3 - Barrhaven West
Legal Description
Lot 5, Registered Plan 4M-1645
Zoning
R3YY [2559]
Zoning By-law:
2008-250
Heard:
February 17, 2026, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants constructed a deck at the rear of their property that does not comply with zoning regulations, 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 an increased projection (deck) into the rear yard of 3.76 metres, whereas the By-law permits a maximum projection for a deck of 2 metres into a required rear yard.
3The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4H. Zhai, Applicant, and City Planner Elizabeth King were present.
5There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
6The 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 Official Plan and the Zoning By-law are maintained.
Evidence
7Evidence 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, parcel abstract, tree information, photo of the posted sign, and a sign posting declaration.
City Planning Report received February 11, 2026, with no concerns.
Rideau Valley Conservation Authority email dated February 10, 2026, with no objections.
Hydro Ottawa email dated February 13, 2026, with no comments.
Effect of Submissions on Decision
8The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
9Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
11The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
12Additionally, the Committee notes that the application seeks to legalize, after the fact, an already-built structure that does not comply with zoning regulations. The Committee does not condone the practice of building first and asking for permission later. An owner who does so runs the risk, like any other applicant, of having their application denied. The additional risk if the Committee refuses to authorize a minor variance for an already-built, non-compliant structure could be the requirement to either bring it into compliance or remove it, regardless of any cost or hardship to the owner. However, whether the proposal has already been built does not factor into the Committee’s decision, either negatively or favourably. The Committee must consider each application on its merits, based on the evidence and according to the four-part statutory test. The Planning Act does not set out a fifth test as to whether an owner has contravened municipal regulations relating to construction. Instead, it is the City’s exclusive role to address construction-related concerns and enforce its own by-laws. The Committee has no jurisdiction over such matters.
13Considering 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.
14The 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.
15In 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.
16Moreover, 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.
17THE 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 construction complying with the plans filed with the Committee of Adjustment on January 20, 2026, as they relate to the requested variance.
"Fabian Poulin"
FABIAN POULIN
VICE-CHAIR
"Jay Baltz"
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 27, 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 19, 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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