D. Ste-Marie and S. Kovacic, 2026 CanLII 4308

DECISION

CONSENT/SEVERANCE AND MINOR VARIANCE

Date of Decision: January 23, 2026

Panel: 1 - Urban

Files: D08-01-25/B-00239 to D08-01-25/B-00240 D08-02-25/A-00240

Applications: Consent under section 53 of the Planning Act, Minor Variance under section 45 of the Planning Act

Applicants: D. Ste-Marie and S. Kovacic

Property Address: 88 Hamilton Avenue North

Ward: 15 - Kitchissippi

Legal Description: Part of Lot 1348, Registered Plan 157

Zoning: R4UB

Zoning By-law: 2008-250

Heard: January 14, 2026, in person and by videoconference

APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATIONS

1The Applicants want to subdivide their property into two separate parcels of land to create separate ownership for the front and back units of the existing long semi-detached dwelling, and to create an easement for a shared driveway. The back unit will have a reduced lot width, as shown in plans filed with the Committee.

2The Applicants seek the Committee’s consent to sever land and for a grant of easement/right of way. The property is shown as Parts 1 to 3 on Plan 4R-34748 filed with the applications and the separate parcels will be as follows:

Table 1 Proposed Parcels

File No.	Frontage	Depth	Area	Part No.	Municipal Address
B-00239	6.62 m	13.22 m	87.5 sq. m	1	88 Hamilton Avenue North Front half of existing long semi-detached dwelling
B-00240	1.50 m	31.72 m	170.2 sq. m	2 and 3	90 Hamilton Avenue North Back half of existing long semi-detached dwelling

[3] It is proposed to establish an easement/right of way as follows:

Over Part 3 on Plan 4R-34748 in favour of Parts 4, 5, 6 and7 on said plan (86 Hamilton Street North) for access to the shared driveway and parking spaces at the rear.

4The proposal does not comply with the Zoning By-law and therefore a minor variance application has also been filed.

REQUESTED VARIANCE

5The Applicants request that the Committee authorize a minor variance from the Zoning By-law:

A-00240: 90 Hamilton Avenue North, Parts 2 and 3 on 4R-34748, back half of existing long semi-detached dwelling: a) To permit a reduced lot width of 1.50 metres for the pole portion of a flag lot when a long semi-detached dwelling is severed, whereas the By-law requires a minimum lot width of 2.2 metres.

6The property is not the subject of any other current application under the Planning Act.

PUBLIC HEARING

Oral Submissions Summary

7Jamie Rathwell, agent for the Applicant, and City Planner Penelope Horn were present.

8There were no objections to granting these unopposed applications as part of the Panel’s fast-track consent agenda.

DECISION AND REASONS OF THE COMMITTEE:

• MINOR VARIANCE APPLICATION GRANTED

9Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Planning Statement, 2024, and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):

Criteria

(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,

a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;

b) whether the proposed subdivision is premature or in the public interest;

c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;

d) the suitability of the land for the purposes for which it is to be subdivided;

d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;

f) the dimensions and shapes of the proposed lots;

g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;

h) conservation of natural resources and flood control;

i) the adequacy of utilities and municipal services;

j) the adequacy of school sites;

k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;

l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and

m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).

Minor Variance 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:

Applications and supporting documents, including planning rationale, plans, tree information, parcel abstract, 2022 Ontario Land Tribunal decision, photo of the posted sign, and a sign posting declaration.
City Planning Report received January 8, 2026, with no concerns.
Rideau Valley Conservation Authority email dated January 8, 2026, with no objections.
Hydro Ottawa email dated January 8, 2026, with conditions.

Effect of Submissions on Decision

12The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications.

13The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, subject to the requested conditions agreed to by the Applicant’s agent.

14Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Planning Statement, 2024, that promotes building homes, sustaining strong communities; providing infrastructure and public service facilities in an efficient manner while accommodating projected needs; the wise use and management of resources; and, protecting public health and safety.

15The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.

16Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

17Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.

18Based on the evidence, the Committee is also satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.

19The Committee notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.

20Considering 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.

21The 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.

22In 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.

23Moreover, 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.

24THE COMMITTEE OF ADJUSTMENT ORDERS that the consent applications are granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.

25THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the requested minor variance application is granted and the variance to the Zoning By-law is authorized.

"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 Committee of Adjustment of the City of Ottawa, dated January 23, 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 February 12, 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

NOTICE TO APPLICANTS

Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.

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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

APPENDIX “A”

The Owner(s) provide evidence that the accompanying minor variance application D08-02-25/A-0024 has been approved, with all levels of appeal exhausted.
That the Owner/Applicant(s) provide proof, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate that the approved Tree Planting Plan submitted to the City, prepared by Barbara Hemming, dated June 2022 has been implemented. Proof will be accepted in the form of photographs showing the planted tree(s) or requesting a Tree Planting Inspection by contacting 311. The photos must also include the 3 trees shown for retention in the approved Tree Information Report.
That the Owner(s) satisfy the requirements of Hydro Ottawa with respect to the provision of a Common Elements Agreement to provide each property with mutual access, maintenance and cost sharing responsibilities for the electrical supplies.
That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.
That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for a severance for which the Consent is required to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.