Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: May 1, 2026
Panel: 1 - Urban
File: D08-02-26/A-00037
Application: Minor Variance under section 45 of the Planning Act
Applicant: 133 FWD Ltd.
Property Address: 133 Forward Avenue
Ward: 15 - Kitchissippi
Legal Description: Lot 3, East Forward Avenue, Registered Plan 35
Zoning By-law: 2008-250 / 2026-50
Zoning: R3UD / N4B
Heard: April 22, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct an 18-unit apartment building, as shown on the plans submitted to the Committee. The existing house will be demolished.
REQUESTED VARIANCE
2The Applicant is requesting that the Committee authorize a minor variance from the Zoning By-law, as follows:
Under Zoning By-Law 2008-250:
a) To permit a reduced front yard setback of 2.5 metres, whereas the By-law requires a minimum front yard setback of 4.5 metres.
3The property is the subject of a Site Plan Control application D07-12-25-0174
4For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, the application was deemed complete on March 19, 2026.
PUBLIC HEARING
Oral Submissions Summary
5Peter Hume, the Applicant’s agent, gave a presentation accompanied by slides; a copy of the slides is available upon request from the coordinator. Mr. Hume outlined the application and answered questions from the Panel.
6The Committee also heard oral submissions from the following individuals:
L. Marlow, Mechanicsville Community Association, raised concerns regarding the streetscape along Forward Avenue and the impact of the reduced front yard setback on the retention of the mature King Crimson Maple tree.
R. Atkinson, Mechanicsville Community Association, believed there was a need for consistent front yard setbacks along Forward Avenue rather than a ‘saw tooth’ approach. He also highlighted concerns about the impact on the urban tree canopy and setting a precedent for future development.
7In response to questions from the Panel, Mr. Hume explained that the front yard setback requirement was determined by averaging the existing front yard setbacks of the two abutting properties. The property to the south was defined as a through lot, fronting on Hinchey Avenue, with its rear lot line along Forward Avenue. Including this rear yard setback into the average increased the front yard setback requirement for the property. Mr. Hume also stated that proposed front yard setback is consistent with other properties further down Forward Avenue.
8City Planner Dylan Geldart confirmed that the municipality had no concerns with the application.
9Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
10The 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
11Evidence 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 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.
L. Marlow, Mechanicsville Community Association, email dated April 20, 2026, with comments.
N. Boucher, resident, email dated April 21, 2026, with comments.
S. Sheridan, resident, email dated April 21, 2026, with comments.
Effect of Submissions on Decision
12The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
13Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
14The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
15The Committee also notes that no compelling evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
16Considering 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.
17The 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.
18In 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.
19Moreover, 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.
20THE 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 proposed construction complying with the plans filed with the Committee of Adjustment on March 19, 2026, as they relate to the requested variance.
"John Blatherwick" JOHN BLATHERWICK ACTING PANEL CHAIR
"Gary Duncan " GARY DUNCAN 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 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