Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: May 1, 2026
Panel: 3 - Rural
File: D08-02-25/A-00093
Application: Minor Variance under section 45 of the Planning Act
Applicants: G. and L. Falcucci
Property Address: 1035 Galaxie Avenue
Ward: 19 - Orléans South-Navan
Legal Description: Lot 14, Registered Plan 50M-113
Zoning By-law: 2008-250 / 2026-50
Zoning: V1E / V1E
Heard: April 21, 2026, in person and by videoconference
APPLICANTS PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to construct a one-storey, detached dwelling with an attached garage, as shown on plans filed with the Committee.
REQUESTED VARIANCES
2The Applicants request that the Committee authorize minor variances from the Zoning By-law:
Under Zoning By-Law 2008-250:
a) To permit an increased lot coverage of 17.8%, or 394.3 square metres, whereas the By-law permits a maximum lot coverage of 15%, or in this case 331.95 square metres.
b) To permit the detached dwelling to be located 10 metres from the normal highwater mark (drainage ditch), whereas the By-law states, that no building or structure shall be located closer than 30 metres from the normal highwater mark of any watercourse or waterbody.
c) To permit the closest point of the septic system to be located 17.1 metres from the normal highwater mark (drainage ditch), whereas the By-law requires a minimum setback of 30 metres to the normal highwater mark of any watercourse or waterbody.
Under Zoning By-law 2026-50:
d) To permit a reduced lot area of 2,213 square metres, whereas the By-law requires a minimum lot area of 4,000 square metres.
e) To permit a reduced lot width of 39.62 metres, whereas the By-law requires a minimum lot width of 40 metres.
3The property is not the subject of any other current application under the Planning Act.
4For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, this application was deemed complete on March 24, 2026.
PUBLIC HEARING
5On May 20, 2025, the Committee postponed consideration of the application to allow the Applicants time to revise the proposal to address technical requirements and concerns raised by neighbours.
Oral Submissions Summary
6Amrinder Kaur Kalsi and Yasaman Bahadori, agents for the Applicants, outlined the application and answered questions from the Panel. Ms. Kalsi confirmed that the concerns previously raised by neighbours and technical agencies, with respect to trees and the proximity of the house to a watercourse, have been addressed by redesigning and relocating the house.
7City Planner Elizabeth King was also present.
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, headwater drainage feature assessment, fluvial geomorphological study, tree information, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 14, 2025, with concerns; received April 16, 2026, with no concerns.
South Nation Conservation Authority email received May 13, 2025, with comments; received April 15, 2026, with no objections.
Ottawa Septic System Office email dated April 10, 2026, with no objections.
Hydro Ottawa email received May 7, 2025, with no comments; received April 14, 2026, with no comments.
K. McLaren, resident, email dated May 12, 2025, with comments.
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 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 application. The Committee also notes that given the size of the existing lot there are limited options for development on the parcel.
13Additionally, the Committee notes that no 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 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 March 23, 2026, as they relate to the requested variances.
Absent TERENCE OTTO VICE-CHAIR
“Gary Duncan” GARY DUNCAN MEMBER
"Beth Henderson" BETH HENDERSON MEMBER
"Martin Vervoort" MARTIN VERVOORT MEMBER
"Jocelyn Chandler" JOCELYN CHANDLER ACTING PANEL CHAIR
I certify this is a true copy of the decision of the Ottawa Committee of Adjustment, 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
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436