Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: May 1, 2026
Panel: 1 - Urban
Files: D08-02-26/A-00033 & D08-02-26/A-00034
Applications: Minor Variances under section 45 of the Planning Act
Applicant: 1001111396 Ontario Inc.
Property Address: 48 Queen Mary Street
Ward: 13 - Rideau-Rockcliffe
Legal Description: Lots 99 and 100, Registered Plan 318
Zoning By-law: 2008-250, 2026-50
Zoning: R3M, N36
Heard: April 22, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant is building a semi-detached dwelling, as shown on plans filed with the Committee.
REQUESTED VARIANCES
2The Applicant is requesting that the Committee authorize minor variances from the Zoning By-law, as follows:
A-00033: Part 1 on Registered Plan 318, one half of the semi-detached dwelling:
Under Zoning By-Law 2008-250:
a) To permit a reduced soft landscaped area of 24.6% of the front yard, whereas the By-law requires a minimum soft landscaped area of 30% of the front yard.
b) To permit an increased balcony projection of 2.15 metres, whereas the Bylaw permits a maximum balcony projection of 2 meters.
A-0034: Part 2 on Registered Plan 318, one half of the semi-detached dwelling:
Under Zoning By-Law 2008-250:
a) To permit a reduced soft landscaped area of 24.6% of the front yard, whereas the By-law requires a minimum soft landscaped area of 30% of the front yard.
b) To permit an increased balcony projection of 2.15 metres, whereas the Bylaw permits a maximum balcony projection of 2 metres.
3There are no other pending applications regarding the property under the Planning Act.
4For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, these applications were deemed to be complete on March 20, 2026.
PUBLIC HEARING
Oral Submissions Summary
5Christopher Jalkotzy gave a presentation accompanied by slides; a copy of the slides is available upon request from the coordinator. Mr. Jalkotzy outlined the applications and answered questions from the Panel.
6The Committee also heard oral submissions from the following individual:
- S. McNamee, resident, raised concerns about the reduced front yard setback and the removal of landscaping.
7City Planner Dylan Geldart confirmed that the City has no concerns with the applications.
DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED
Applications 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
9The evidence reviewed by the Committee included any oral statements made during the hearing, as noted above, as well as the following written documents, which may be obtained upon request from the coordinator:
Applications and supporting documents, including cover letter, planning rationale, plans, tree information, photo of the posted sign, and a sign posting declaration.
City Planning Report received April 16, 2026, with no concerns.
Rideau Valley Conservation Authority email dated April 14, 2026, with no objections.
Hydro Ottawa email dated April 14, 2026, with comments.
S. McNamee, resident, email dated April 10, 2026, opposed.
Effect of Submissions on Decision
10The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.
11Based on the evidence, the Committee is satisfied that the requested variances meet 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 applications.
13The Committee also notes that no compelling evidence was presented that the variances 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 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.
15The 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.
16In 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.
17Moreover, the Committee finds that the requested variances, both individually and cumulatively, are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
18THE COMMITTEE OF ADJUSTMENT ORDERS that the applications are 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 March 20, 2026, as they relate to the requested variances.
"John Blatherwick" JOHN BLATHERWICK ACTING PANEL CHAIR
"Arto Keklikian” ARTO KEKLIKIAN MEMBER
"Colin Haskin" COLIN HASKIN MEMBER
"Gary Duncan" GARY DUNCAN 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 May 1, 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 May 21, 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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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
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