Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 1 - Urban
File: D08-02-26/A-00050
Application: Minor Variance under section 45 of the Planning Act
Applicants: J. and J. Maheux
Property Address: 300 Royal Avenue
Ward: 15 - Kitchissippi
Legal Description: Lot 274, Registered Plan M-28
Zoning (By-law 2008-250): R3E
Zoning (By-law 2026-50): N4B
Heard: May 20, 2026, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to build an addition at the rear of the house, as shown on plans submitted to the Committee. The existing one-storey rear addition will be demolished.
REQUESTED VARIANCE
2The Applicants request that the Committee authorize the following minor variance from the zoning regulations.
Under Zoning By-Law 2008-250:
a) To permit a reduced northerly interior side yard setback of 0.4 metres, whereas the By-law requires a minimum interior side yard setback of 1.2 metres.
b) To permit an eave projection of 0.2 metres to the northerly interior lot line, whereas the By-law permits an eave projection no closer than 0.30 metres to a lot line.
3The property is not the subject of any other pending application 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 21, 2026.
PUBLIC HEARING
Oral Submissions Summary
5Dave Jones, the Applicant’s agent, confirmed that, based on revised plans submitted to the Committee, variance (b) was no longer required, and the application should be amended accordingly:
b) To permit an eave projection of 0.2 metres to the northerly interior lot line, whereas the By-law permits an eave projection no closer than 0.30 metres to a lot line.
6City Planner Penelope Horn confirmed she had no concerns with the application.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED, AS AMENDED
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 cover letter, plans, tree information report, photo of the posted sign, and a sign posting declaration.
- City Planning Report received May 13, 2026, with no concerns.
- Rideau Valley Conservation Authority email received May 12, 2026, with no objections.
- Hydro Ottawa email received May 13, 2026, with comments.
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 variance meets 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 variance 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 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.
14The 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.
15In 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.
16Moreover, 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.
17THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the variance to the Zoning By-law is authorized, subject to the location and size of the proposed construction complying with the revised plans filed with the Committee of Adjustment on May 12, 2026, as they relate to the requested variance.
"Sharon Lécuyer" SHARON LÉCUYER ACTING PANEL CHAIR
"John Blatherwick" JOHN BLATHERWICK MEMBER
"Colin Haskin" COLIN HASKIN MEMBER
"Arto Keklikian" ARTO KEKLIKIAN MEMBER
I certify this is a true copy of the decision of the Ottawa Committee of Adjustment, dated May 29, 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 18, 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