DECISION

CONSENT/SEVERANCE AND MINOR VARIANCE

Date of Decision: January 23, 2026

Panel: 2 - Suburban

Files: D08-01-25/B-00173, B-00174, B-00268 D08-02-25/A-00187

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

Applicant: 2668867 Ontario Inc.

Property Address: 4836 Bank Street, 155 Dun Skipper Drive

Ward: 22 - Riverside South-Findlay Creek

Legal Description: Part of Lot 22, Concession 4 (Rideau Front), Geographic Township of Gloucester; Parts 1 to 5 on Plan 4R-33187

Zoning: GM [2615]

Zoning By-law: 2008-250

Heard: January 13, 2026, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

1The Applicant wants to subdivide its property into three separate parcels of land. One parcel will contain a proposed nine-storey, mixed-use building containing 141 apartment dwelling units and commercial uses on the ground floor (“Building B”). Another parcel will contain a future one-storey commercial building (“Building C”), and the third parcel will contain the existing one-storey commercial building (Home Hardware – “Building A”), all as shown on plans filed with the Committee.

2At its scheduled hearing on September 16, 2025, the Committee adjourned the applications to allow the Applicant time to provide additional information regarding servicing and the location of service and access easements.

CONSENT REQUIRED:

3The Applicant seeks the Committee’s consent to sever land and for grants of easements/rights of way. The property is shown as Parts 1 to 25 on a revised plan 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-00173	51.37 m	Irregular	5,463 sq. m	15, 17 and 20	155 Dun Skipper Drive (Building B)
B-00174	59.64 m	Irregular	4,141.3 sq. m	14	4834 Bank Street (Building C)
B-00268	108.13 m	Irregular	14,666.9 sq. m	1 to 13, 16, 18 and 19	4836 Bank Street (Building A)

4The Application indicates that the property is subject to existing easements as set out in instruments OC2273365, OC2083996, and OC2301591.

It is proposed to establish easements/rights of way as follows:

B-00173: 155 Dun Skipper Drive, Parts 15, 17 and 20, Building B

• Over Part 15, in favour of Parts 1 to 13, 16, 18 and 19 (Building A), for drainage and underground stormwater tanks.

B-00268: 4836 Bank Street, Parts 1 to 13, 16, 18 and 19, Building A

• Over Parts 6 and 19 and Parts 7, 11 and 12, in favour of Parts 15, 17 and 20 (Building B) and Part 14 (Building C), for water main, sanitary and storm sewer services.
• Over Parts 5, 6, 7 to 9, 12 and 13, in favour of Parts 15, 17 and 20 (Building B) and Part 14 (Building C), for access.

5The proposed nine-storey, mixed-use building does not conform with requirements of the Zoning By-law and therefore a minor variance application (D08-02-25/A-00187) has been filed and will be heard concurrently with these consent applications.

REQUESTED VARIANCE

6The Applicant seeks the Committee’s authorization for a minor variance from the Zoning By-law as follows:

A-00187: 155 Dun Skipper Drive, Parts 15, 17 and 20, Building B a) To permit an increased building height of 31 metres, whereas the By-law permits a maximum building height of 18 metres.

7The property is also the subject of a Site Plan Control application (D07-12-24-0169) and a Zoning By-law Amendment application (D07-12-19-0092) under the Planning Act.

PUBLIC HEARING

Oral Submissions Summary

8Alison Stirling, agent for the Applicant, and City Planner Elizabeth King were present.

9There were no objections to granting these unopposed applications as part of the Panel’s fast-track consent agenda.

DECISION AND REASONS OF THE COMMITTEE:

• CONSENT APPLICATIONS GRANTED

• MINOR VARIANCE APPLICATION GRANTED

Consent Application Must Satisfy Statutory Tests

10Under 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):

Minor Variance Application Must Satisfy Statutory Four-Part Test

11The 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.

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).

Evidence

12Evidence 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 cover letter, plans, shadow study, parcel abstract, photo of the posted sign, and a sign posting declaration.
• City Planning Report received January 8, 2026, with no concerns; received September 11, 2025, requesting an adjournment.
• South Nation Conservation Authority email received January 7, 2026, with no objections; received September 9, 2025, with no objections.
• Hydro Ottawa email received January 1, 2026, with comments; received September 8, 2025, with comments.
• Ottawa International Airport Authority email received September 8, 2025, with comments.

Effect of Submissions on Decision

13The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications.

14The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, subject to the requested conditions agreed to by the Applicants’ agent.

15Based 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.

16The 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.

17Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

18Moreover, 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.

19Based on the evidence, the Committee is also satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.

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 minor variance application is granted and the variance to the Zoning By-law is authorized.

"Fabian Poulin" FABIAN POULIN VICE-CHAIR

"Jay Baltz" JAY BALTZ MEMBER

Declared interest GEORGE BARRETT MEMBER

"Heather MacLean" HEATHER MACLEAN MEMBER

"Julianne Wright" JULIANNE WRIGHT 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 APPLICANT(S)

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”.

Ce document est également offert en français.

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”

1. That the Owner(s) provide evidence to the satisfaction of both the Chief Building Official and the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department or designates, that both severed and retained parcels have their own independent water, sanitary and storm connection as appropriate, and that these services do not cross the proposed severance line and are connected directly to City infrastructure. Further, the Owner(s) shall comply with 7.1.5.4(1) of the Ontario Building Code, O. Reg. 163/24 as amended. If necessary, a plumbing permit shall be obtained from Building Code Services for any required alterations.

2. That the Owner(s) satisfy the Chief Building Official, or designate, by providing design drawings or other documentation prepared by a qualified designer, that as a result of the proposed severance the existing building on Part 18 on 4M-1617 shall comply with the Ontario Building Code, O. Reg. 332/12 as amended, in regards to the limiting distance along the proposed Southern property line. If necessary, a building permit shall be obtained from Building Code Services for any required alterations.

3. That the Owner(s) provide a servicing plan or other proof, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, that each existing building and/or unit on the severed and retained parcels has its own independent water, sanitary and sewer connection, as appropriate, that are directly connected to City infrastructure and do not cross the proposed severance line.

If the services are shared, and there is sufficient justification for the service locations to remain, the Owner(s) may be required to obtain all necessary approvals from the Ontario Ministry of Environment, Conservation and Parks, the approval of the Committee to grant easement(s) for access and maintenance of the services, and/or to register on title, a Joint Use and Maintenance Agreement, between the Owners of the services, which shall be at their own costs.

4. If required, that the Owner(s) enter into a Joint Use and Maintenance Agreement, at the expense of the Owner(s), setting forth the obligations between the Owner(s) and the proposed future owners with respect to the joint use and maintenance of all common elements including, but not limited to, the common party walls, common structural elements such as roof, footings, soffits, foundations, common areas, common driveways and common landscaping.

The Owner shall ensure that the Agreement is binding upon all unit owners and successors in title and shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or City Legal Services. The Committee shall be provided written confirmation that the Agreement is satisfactory to the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or is satisfactory to City Legal Services, as well as a copy of the Agreement and confirmation that it has been registered on title.

5. 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.

6. 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 the conveyances for which the consent is required, to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.