L. Pritchard and T. Schmidt, 2026 CanLII 45971

DECISION MINOR VARIANCE

Date of Decision: May 15, 2026

Panel: 2 - Suburban

File: D08-02-26/A-00026

Application: Minor Variance under section 45 of the Planning Act

Applicants: L. Pritchard and T. Schmidt

Property Address: 89 Amberwood Crescent

Ward: 9 - Knoxdale-Merivale

Legal Description: Part of Lot 237, Registered Plan 628300

Zoning (By-law 2008-250): R1F

Zoning (By-law 2026-50): N2E

Heard: May 5, 2026, in person and by videoconference

APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION

1The Applicants want to build a single-storey addition at the rear of the existing house, as shown on the plans submitted to the Committee.

2At the hearing scheduled for April 7, 2026, the Committee postponed consideration of the application to give the Applicants time to revise the application.

REQUESTED VARIANCES

3The Applicants are requesting that the Committee authorize minor variances from the from the zoning regulations, as follows:

Under Zoning By-Law 2008-250

a) To permit a reduced rear yard setback of 18.4% of the lot depth or 5.62 metres, whereas the By-law states that the minimum required rear yard setback is 28% of the lot depth or in this case, 8.53 metres.

b) To permit a reduced rear yard area of 18.5% of the lot area or 120.21 square metres, whereas the By-law requires a minimum rear yard area of 25% of the lot area or, in this case, 162.5 ~~650.32~~ square metres.

Under Zoning By-Law 2026-50

c) To permit a reduced eastern interior side yard setback of 0.9 metres, whereas the By-law requires a minimum interior side yard setback of 1.2 metres.

d) To permit a reduced total side yard setback of 2.43 metres, whereas the By-law requires a minimum interior side yard setback of 3.6 metres.

4There are no other pending applications regarding the property under the Planning Act.

5For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, this application was deemed complete on April 13, 2026.

PUBLIC HEARING

Oral Submissions Summary

6Mario Poulin, the Applicants’ agent, outlined the application and answered questions from the Panel.

7Mr. Poulin advised, and City Planner Elizabeth King agreed, that the application should be amended as follows:

8With all parties in agreement, the application was amended accordingly.

9Following the public hearing, the Committee reserved its decision.

DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED AS AMENDED

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 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

11The 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, tree information report, photo of the posted sign, and a sign posting declaration.
City Planning Report received April 30, 2026, with no concerns; received April 2, 2026, requesting an adjournment.
Rideau Valley Conservation Authority email received April 29, 2026, with no objections; received March 31, 2026, with no objections.
Hydro Ottawa email received April 28, 2026, with comments; received April 2, 2026, with comments.
T. Schmidt and L. Pritchard, Applicants, email received March 31, 2026, with a petition signed by five residents, in support.

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 variances meet 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 evidence was presented that the variances 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 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.

17The 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.

18In 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.

19Moreover, 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.

20THE 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 site plan filed with the Committee of Adjustment on April 13, 2026, and the elevation plans filed with the Committee of Adjustment on March 10, 2026,as they relate to the requested variances.

"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

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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