Committee of Adjustment
Comité de dérogation
DECISION CONSENT/SEVERANCE
May 15, 2026
Panel:
2 - Suburban
File:
D08-01-26/B-00083
Application:
Consent under section 53 of the Planning Act
Applicants:
D. Dunlap and C. Dunlap
Property Address:
31 Julian Avenue
Ward:
15 - Kitchissippi
Legal Description:
Lot 2883, Registered Plan 4M-47
Zoning (By-law 2008-250):
R3I
Zoning (By-law 2026-50):
N4B H(11)
Heard:
May 5, 2026, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to sever the property into two separate lots. Each half of the semi-detached house, currently under construction would be located on its own lot.
CONSENT REQUIRED
2The Applicants are requesting the Committee’s consent to sever land. The property is shown on a draft reference plan submitted along with the applications, and the resulting separate lots would be as follows:
Table 1 Proposed Parcels
File No.
Frontage (m)
Depth (m)
Area (m^2)
Part
Building
B-00083
7.625
31.7
241
2
One half of semi-detached dwelling
Retained
7.625
31.7
241
1
One half of semi-detached dwelling
3There are no other pending applications regarding the property 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 April 14, 2026.
PUBLIC HEARING
5Before the hearing, the Committee received an adjournment request from L. O’Neill and E. Jacobson, local residents, who believed that a minor variance application might be required concerning the front facing garages.
6The Panel heard from Scott Alain and Gillian Henderson, the Applicants’ agents, who objected to the adjournment request and explained that the proposal complied with all zoning requirements.
7The Committee proceeded to hear the application without delay.
Oral Submissions Summary
8Ms. Henderson and Mr. Alain gave a presentation accompanied by slides; a copy of the slides is available upon request from the coordinator.
9Answering the Panel’s questions, Mr. Alain explained that the building permit had been issued without including driveways or garages, as these are not permitted under the zoning regulations and would have required minor variances. He confirmed that there would be no driveways and that no vehicles would be parked in the “garages”, which would instead be used as storage spaces. He also confirmed that no minor variance application was necessary.
10The Committee also heard oral submissions from the following individual:
- E. Jacobson, a local resident, gave a slide presentation. He highlighted concerns about the need for a minor variance for driveways and garages, as well as a discrepancy between the cover letter and the plans.
11City Planner Spencer Mulvaney confirmed that the plans submitted to the City’s Building Code Services had been reviewed to ensure that they complied with the zoning regulations and added that the proposed severance would result in the creation of two compliant lots.
12Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
13Under 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).
Evidence
14The evidence reviewed by the Committee included any oral statements made during the hearing, as noted above, as well as the following written documents, which may be obtained upon request from the coordinator:
Application and supporting documents, including cover letter, plans, parcel abstract, tree information report, tree planting plan, photo of the posted sign, and a sign posting declaration.
City Planning Report received April 30, 2026, with no concerns.
Rideau Valley Conservation Authority email received April 29, 2026, with no objections.
Hydro Ottawa email received April 28, 2026, with comments.
L. O’Neill, on behalf of residents of Julian, email received May 4, 2026, requesting an adjournment.
E. Jacobson, a resident, email received May 4, 2026, requesting an adjournment.
Effect of Submissions on Decision
15The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
16The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, subject to the requested conditions agreed to by the Applicants’ agents. The report also points out that “[i]f front yard parking, driveways and front facing garages are proposed, minor variances may be required”. However, the Committee also notes that the proposal does not include these features.
17Based 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.
18The 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.
19Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
20Moreover, 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.
21THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
"Fabian Poulin"
FABIAN POULIN
VICE-CHAIR
"Jay Baltz"
JAY BALTZ
MEMBER
"George Barrett"
GEORGE BARRETT
MEMBER
Absent
HEATHER MACLEAN
MEMBER
"Julianne Wright"
JULIANNE WRIGHT
MEMBER
I certify this is a true copy of the decision of the Ottawa Committee of Adjustment, dated May 15, 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 June 4, 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”.
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City of Ottawa
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APPENDIX A
That the Owner/Applicant(s) implement the approved tree planting plan, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, showing the location(s), species/ultimate size of one new tree (50 mm caliper) per lot, in addition to any compensation trees required under the Tree Protection By-law following construction to contribute to the City’s 40% canopy target.
That the Owner(s) enter into an Agreement with the City, at the expense of the Owner(s), which is to be registered on title to deal with the following covenant/notice that shall run with the land and bind future owners on subsequent transfers:
“The property may be susceptible to flooding due to the reverse slope driveway and the City will not take responsibility for flooding claims in the future. If, at some future date, flooding occurs as a result of the reverse slope driveway, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.”
The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
- 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.
That the Owner(s) provide evidence to the satisfaction of the Chief Building Official, or designate, that the party wall meets the Ontario Building Code, O Reg. 332/12 as amended, which requires a 1 hour fire separation from the basement through to the underside of the roof. Verification from the Building Inspector is required. If necessary, a building permit shall be obtained from Building Code Services for any required alterations.
That the Owner(s) submit to the Committee a copy of a deposited reference plan that conforms substantially to the draft reference plan or sketch submitted with the application(s), to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate. The frontage and area of the severed land must be indicated on the plan or in a surveyor’s certificate.
That the Owner(s) submit a request for municipal addresses for each parcel, including a copy of the deposited reference plan and any relevant development information, as required, to be assigned by the City, to the satisfaction of the Chief Building Official, or their designate. Confirmation of the assigned municipal addresses shall be provided in writing from Municipal Addressing, Building Code Services, to the Committee.
Once all the above conditions have been fulfilled, that the Owner(s) have an Ontario lawyer in good standing, submit to the Committee to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate:
a) A draft Certificate of Official indicating the type of transaction(s) for which provisional consent is given and including a full description of the land that is the subject of the consent.
b) A copy of the “electronic registration in preparation documents” for the transactions(s) for which provisional consent is given.