Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE AND MINOR VARIANCE
May 29, 2026
Panel:
2 - Suburban
Files:
D08-01-26/B-00062 & D08-01-26/B-00063
D08-02-26/A-00030 to D08-02-26/A-00032
Applications:
Consent under section 53 of the Planning Act Minor Variance under section 45 of the Planning Act
Applicant:
A. & B. Bulat Homes Ltd.
Property Address:
1597 Rosebella Avenue
Ward:
10 - Gloucester-Southgate
Legal Description
Part of Lots 379 to 383, Registered Plan 326
Zoning (By-law 2008-250):
R1WW
Zoning (By-law 2026-50):
N2D
Heard:
May 19, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant wants to sever the property into three separate lots and build a new two-storey detached house on each. The existing house will be demolished.
REQUESTED CONSENT
2The Applicant is requesting the Committee’s consent to sever land. The property is shown on a draft reference plan submitted with the applications, and the resulting separate lots would be as follows:
Table 1 Proposed Parcels
| File No. | Frontage (m) | Depth (m) | Area (m2) | Part | Building |
|---|---|---|---|---|---|
| B-00062 | 11.43 | 30.33 | 346.7 | 1 | Proposed two-storey house |
| B-00063 | 11.43 | 30.33 | 346.7 | 2 | Proposed two-storey house |
| Retained | 11.43 | 30.33 | 346.7 | 3 | Proposed two-storey house |
3The proposal also requires minor variances to the zoning requirements.
REQUESTED VARIANCES
4The Applicant is requesting that the Committee authorize the following minor variances from the zoning regulations.
A-00030: Part 1 on draft reference plan, proposed two-storey house
Under Zoning By-law 2008-250:
a) To permit a reduced lot area of 346.7 square metres, whereas the By-law requires a minimum lot area of 450 square metres.
Under Zoning By-law 2026-50:
b) To permit a reduced total interior side yard setback of 2.4 2.2 metres, whereas the By-law requires a minimum total interior side yard setback of 3 metres.
c) To permit a reduced lot width of 11.43 metres, whereas the By-law requires a minimum lot width of 15 metres.
d) To permit a reduced front yard setback of 5 metres, whereas the By-law requires a minimum front yard setback of 6 metres.
A-00031: Part 2 on draft reference plan, proposed two-storey house
Under Zoning By-law 2008-250:
a) To permit a reduced lot area of 346.7 square metres, whereas the By-law requires a minimum lot area of 450 square metres.
Under Zoning By-law 2026-50:
b) To permit a reduced total interior side yard setback of 2.4 2.2 metres, whereas the By-law requires a minimum total interior side yard setback of 3 metres.
c) To permit a reduced lot width of 11.43 metres, whereas the By-law requires a minimum lot width of 15 metres.
d) To permit a reduced front yard setback of 5 metres, whereas the By-law requires a minimum front yard setback of 6 metres.
A-00032: Part 3 on draft reference plan, proposed two-storey house
Under Zoning By-law 2008-250:
a) To permit a reduced lot area of 346.7 square metres, whereas the By-law requires a minimum lot area of 450 square metres.
Under Zoning By-law 2026-50:
b) To permit a reduced total interior side yard setback of 2.4 2.2 metres, whereas the By-law requires a minimum total interior side yard setback of 3 metres.
c) To permit a reduced lot width of 11.43 metres, whereas the By-law requires a minimum lot width of 15 metres.
d) To permit a reduced front yard setback of 5 metres, whereas the By-law requires a minimum front yard setback of 6 metres.
5There are no other pending applications regarding the property under the Planning Act.
6For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, these applications were deemed complete on April 23, 2026.
PUBLIC HEARING
Oral Submissions Summary
7Christopher Simmonds, the Applicant’s agent, outlined the application and answered questions from the Panel. City Planner Dylan Geldart highlighted that a revised tree information report will be required as a condition of provisional consent, which would explore options available on the site to protect the tree.
8The Committee noted that the City recommended that variance (b) be amended as follows:
b) To permit a reduced total interior side yard setback of 2.4 2.2 metres, whereas the By-law requires a minimum total interior side yard setback of 3 metres.
9With no objections, the applications were amended accordingly.
10Dayna Edwards, also acting as agent for the Applicant, was also present.
11Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE:
• CONSENT APPLICATIONS GRANTED
• MINOR VARIANCE APPLICATIONS GRANTED AS AMENDED
Consent Application Must Satisfy Statutory Tests
12Under 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).
Minor Variance Application Must Satisfy Statutory Four-Part Test
13The 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
14Evidence 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:
Applications and supporting documents, including a cover letter, plans, parcel abstract, tree information, 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 dated May 12, 2026, with no objections.
Hydro Ottawa email dated May 13, 2026, with comments.
Ottawa International Airport Authority email dated May 13, 2026, with comments.
Effect of Submissions on Decision
15The Committee of Adjustment considered all written and oral submissions relating to the applications in making its decision and granted the applications, as amended.
16The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, subject to the requested conditions agreed to by the Applicant’s agent.
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.
21Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
22The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
23Considering 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.
24The 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.
25In 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.
26Moreover, 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.
27THE COMMITTEE OF ADJUSTMENT ORDERS that the consent applications are granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
28THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the requested minor variance applications are granted, as amended, and the variances to the Zoning By-laws are authorized, subject to the location and size of the proposed construction complying with the revised site plan filed on May 7, 2026, and the elevation plans filed March 10, 2026, with the Committee of Adjustment as they relate to the requested variances.
"Fabian Poulin" FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ MEMBER
"George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" 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 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
NOTICE TO APPLICANT
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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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
APPENDIX “A”
That the Owner(s) provide proof, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, that the existing dwelling and accessory structure has been demolished or relocated under the authority of a building permit.
That the Owner(s) provide evidence, to the satisfaction of the Manager of Development Review All Wards, Planning, Development and Building Services Department, that each existing parcel has its own independent storm, sanitary and water services connected to City infrastructure and that these services do not cross the proposed severance line. If they do cross or are not independent, the Owner(s) will be required, at their own cost, to relocate the existing services or construct new services from the City sewers/watermain. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
a) That the owner(s) submit a QuickSWM Analysis to determine if On-Site Stormwater Management (“SWM”) Measures are required including what storage volume is required to maintain or improve the existing level of service; or alternatively,
b) The owner(s) shall submit a SWM Report/Brief, prepared by a professional civil engineer, licensed in the province of Ontario, based on the current City of Ottawa Sewer Design Guidelines to determine On-Site SWM Measures and what storage volume is to maintain or improve the existing level of service.
c) If required through a) The owner shall submit a detailed engineering design based on the results of the QuickSWM Analysis prepared pursuant to paragraph (a), or the recommendations of the SWM Brief prepared pursuant to paragraph (b), prepared by a professional civil engineer, licensed in the province of Ontario. The detailed engineering design shall include all required grading, servicing and stormwater management construction design details. Where the QuickSWM Analysis or SWM Brief demonstrates on-site stormwater management measures are not required, the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, shall deem this condition satisfied.
d) If all or a portion of the On-Site SWM Measures include infiltration techniques, then the owner(s) shall submit a Geotechnical Brief, prepared by a geotechnical professional, licensed in the province of Ontario, or a professional geoscientist, licensed in the province of Ontario.
e) If On-Site SWM Measures are required, then the owner(s) may be required to enter into a Development Agreement with the City to implement any On-Site SWM Measures including construction of any proposed On-Site SWM works. The Development Agreement may include a requirement to post the securities for certain On-Site SWM works. The Development Agreement will require compliance with the Ministry of Environment, Conservation and Parks, Consolidated Linear Infrastructure, Environmental Compliance Approval (CLI-ECA) for any sewers constructed on municipally owned property, as well as any other permits or approvals required by other governments or regulatory agencies. The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
f) If On-Site SWM works cross and/or benefit more than one property, then the owner(s) shall apply to the Committee of Adjustment to grant easement(s) for access and maintenance and/or register a Joint Use and Maintenance Agreement on title of the properties, all at the owner(s) costs.
g) All of the above (a) to (f) shall be to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) provide proof that a grading and drainage plan, prepared by a qualified Civil Engineer, licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, delineating the existing and proposed grades for both the severed and retained lands has been provided to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
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:
“Purchasers/building occupants are forewarned that this property/dwelling unit is located in a noise sensitive area due to its proximity to Ottawa Macdonald-Cartier International Airport. Noise due to aircraft operations will interfere with indoor and outdoor activities, particularly during the summer months. The purchaser/building occupant is further advised that the Airport is open and operates 24 hours a day, and that changes to operations or expansion of the airport facilities, including the construction and operations of new runways, may have negative impact on the living environment of the residents of this property/area. The Ottawa Macdonald-Cartier International Airport Authority will not accept liability nor modify operations and future plan implementation for the purpose of noise abatement.”
The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
That the Owner(s) enter into a Resurfacing Agreement with the City, to the satisfaction of the Program Manager, Right of Way Branch within the Planning, Development and Building Services Department, or their designate, and provide financial security in accordance with the Road Activity By-law, as amended, to install an asphalt overlay over the roadway surface of Rosebella Ave, fronting the subject lands, to the limits shown on the approved Site Servicing Plan. Where the approved Site Servicing Plan demonstrates the resurfacing is not required, based on the City’s Road Cut Resurfacing Policy, the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, shall deem this condition satisfied.
That the Owner/Applicant(s) provide Grading, Servicing, & Site plan(s) with the proposed elements/structures (driveways, parking, retaining walls, projections, services, etc.) designed and located based on the least impact to protected trees and tree cover, as well as a revised Tree Information Report reflecting these changes, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner/Applicant(s) provide a tree planting plan, prepared 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) and species or ultimate size of at least one new tree (50 mm caliper) per lot, in addition to any compensation trees required under the Tree Protection By-law.
Pursuant to clause 51 (25) (c) of the Planning Act and Schedule C16 of the City’s Official Plan, the Owner conveys to the City, at no cost to the City, an unencumbered road widening across the complete Rosebella Avenue frontage of the lands, measuring 9.25 meters from the existing centerline of pavement. The exact widening must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the widening, to the City Surveyor for review and approval prior to its deposit in the Land Registry Office. Such reference plan must be tied to the Horizontal Control Network in accordance with the municipal requirements and guidelines for referencing legal surveys. The Owner(s) must provide to the City Surveyor a copy of the Committee of Adjustment Decision and a draft Reference Plan that sets out the required widening. The Committee shall be provided written confirmation from City Legal Services that the transfer of the widening to the City has been registered. All costs shall be borne by the Owner.
The Owner(s) provide evidence that the accompanying minor variance applications (D08-02-26/A-00030 to D08-02-26/A-00032) have been approved, with all levels of appeal exhausted.
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.