Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
Panel: 3 - Rural
File: D08-02-26/A-00058
Application: Minor Variance under section 45 of the Planning Act
Applicants: R. and E. Gerard
Property Address: 6071 James Bell Drive
Ward: 21 – Rideau-Jock
Legal Description: Lots 16, 17 and Part Lot 18, Plan 480, and Part Lot 11, Concession A, Geographic Township of North Gower
Zoning (By-law 2008-250): RR10
Zoning (By-law 2026-50): RR10
Heard: May 19, 2026, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to build an addition to expand the existing attached garage, as shown on the plans submitted to the Committee. An existing detached garage will be demolished.
REQUESTED VARIANCES
2The Applicants request that the Committee authorize minor variances from the zoning requirements:
Under Zoning By-Law 2008-250:
a) To permit a reduced setback of 15.05 metres from the normal highwater mark of a watercourse or waterbody (Rideau River), whereas the By-law requires a minimum setback of 30 metres to the normal highwater mark of any watercourse or waterbody.
Under Zoning By-law 2026-50:
b) To permit a reduced setback of 15.05 metres from the top of bank of a surface water feature (Rideau River), whereas the By-law requires a minimum setback of 30 metres from the top of bank of any surface water feature.
3For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, this application was deemed complete on April 24, 2026.
PUBLIC HEARING
Oral Submissions Summary
4James Hutchison, agent for the Applicants, and City Planner Elizabeth King were present.
5No objections were raised regarding the approval of this unopposed application as part of the Committee’s expedited procedure.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Minor Variance Application Must Satisfy Statutory Four-Part Test
6The 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.
Evidence
7Evidence considered by the Committee included any 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, 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.
- Ottawa Septic System Office email received May 7, 2026, with no objections.
- Hydro Ottawa email received May 13, 2026, with no comments.
Effect of Submissions on Decision
8In reaching its decision, the Committee reviewed all written and oral submissions and granted the application.
9Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
10The Committee notes that the City’s planning report raises “no concerns” regarding the application.
11The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
12Considering 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.
13The Committee also finds that the requested variances maintain the general intent and purpose of the Official Plan, which provides direction to protect shorelines and surface water features.
14In 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 of the property that is compatible with the surrounding area.
15Moreover, the Committee finds that the requested variances are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
16THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the variances to the zoning requirements are authorized, subject to the location and size of the proposed construction complying with the plans submitted to the Committee of Adjustment on April 29, 2026, as they relate to the requested variances.
“Terence Otto” TERENCE OTTO VICE-CHAIR
“Gary Duncan” GARY DUNCAN MEMBER
"Beth Henderson" BETH HENDERSON MEMBER
"Martin Vervoort" MARTIN VERVOORT MEMBER
"Jocelyn Chandler" JOCELYN CHANDLER 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