Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
March 27, 2026
Panel:
1 - Urban
File:
D08-02-25/A-00247
Application:
Minor Variance under section 45 of the Planning Act
Applicants
M. and B. Kirkwood
Property Address:
235 Third Avenue
Ward:
17 - Capital
Legal Description
Lot 257, Registered Plan 183154
Zoning
R1QQ
Zoning By-law:
2008-250
Heard:
March 18, 2026, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to construct an addition within the existing footprint of the detached dwelling, as shown on plans filed with the Committee.
REQUESTED VARIANCES
2The Applicants request that the Committee authorize minor variances from the Zoning By-law:
a) To permit an increased building height of 9.6 metres, whereas the By-law permits a maximum building height of 8.5 metres.
b) To permit a reduced easterly interior side yard setback of 0.54 metres, whereas the By-law requires a minimum interior side yard setback of 1.2 metres.
c) To permit an eave to project 0.1 metres into the required yard and to be within 0.2 metres from a lot line, whereas the By-law permits eaves to project up to 1 metre but not be closer than 0.3 metres from a lot line.
The property is not the subject of any other current application under the Planning Act.
3For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, these applications were deemed to be complete on February 16, 2026.
PUBLIC HEARING
Oral Submissions Summary
4Jordan Annable, agent for the Applicant, and City Planner Penelope Horn 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
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 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
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, photo of the posted sign, and a sign posting declaration.
City Planning Report received March 12, 2026, with no concerns.
Rideau Valley Conservation Authority email dated March 10, 2026, with no objections.
Hydro Ottawa email dated March 10, 2026, with 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 variances meet 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 variances would result in any unacceptable adverse impact on neighbouring properties.
12Considering 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.
13The 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.
14In 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.
15Moreover, 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.
16THE 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 February 20, 2026, as they relate to the requested variances.
"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 Ottawa Committee of Adjustment, dated March 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 April 16, 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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