Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: January 23, 2026
Panel: 1 - Urban
File: D08-02-25/A-00267
Application: Minor Variance under section 45 of the Planning Act
Applicant: AB & B Management Inc.
Property Address: 46 Garland Street
Ward: 15 - Kitchissippi
Legal Description: Part of Lots 40 and 42, Registered Plan 57
Zoning: LC1 [2256]
Zoning By-law: 2008-250
Heard: January 14, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct a three-storey stacked dwelling, containing six units, as shown on plans filed with the Committee. The existing mixed-use building will remain.
2On August 15, 2025, the Committee granted provisional consent (File No. D08-01-25/B-00152) to subdivide the property into two parcels of land and refused minor variance application (File No.: D08-02-25/A-00164) for a proposed three-storey stacked dwelling containing six units. The Applicant subsequently revised their plans for the stacked dwelling and submitted a new minor variance application.
REQUESTED VARIANCES
3The Applicant requests that the Committee authorize the following variances from the Zoning By-law:
a) To permit a reduced (southeast) interior side yard setback 0 metres, whereas the By-law requires a minimum interior side yard setback of 1.2 metres.
b) To permit a reduced (northeast) interior side yard setback of 0 metres, whereas the By-law requires a minimum interior side yard setback of 1.2 metres.
c) To permit a reduced rear yard setback (second and third storeys) of 6.3 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres.
d) To permit a reduced front yard setback of 1.5 metres, whereas the By-law requires a front yard setback of 3 metres.
e) To permit a reduced width of a landscape buffer abutting a street of 1.5 metres, whereas the By-law requires a minimum width of a landscape buffer abutting a street of 3 metres.
4The property is currently the subject of a consent application (File No. D08-01-25/B-00152) under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
5Botros Botros, representing the Applicant, provided the Committee with an overview of the proposal. In response to questions from the Committee, Mr. Botros explained the design changes that were undertaken to address concerns raised by the local community association regarding the original application.
6City Planner Dylan Geldart confirmed that only variance (c) had changed from the original application.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
7The 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 variances are minor, are 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
8Evidence 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 a cover letter, plans, tree information report, the previous minor variance and consent decision, correspondence from the community association, 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 comments.
L. Hoad, Hintonburg Community Association, email dated January 12, 2026, with no concerns.
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
10Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
11The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
12The Committee also notes that no evidence was presented that the that the variances would result in any unacceptable adverse impact on neighbouring properties.
13Considering 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.
14The 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.
15In 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.
16Moreover, 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.
17THE 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 on December 15, 2025, as they relate to the requested variances.
"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
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