Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
May 29, 2026
Panel:
1 - Urban
File:
D08-02-26/A-00056
Application:
Minor Variance under section 45 of the Planning Act
Applicants:
B. Wysocka and Z. Wysocki
Property Address:
32 Thornton Ave
Ward:
17 - Capital
Legal Description:
Lot 65, Plan 34892
Zoning (By-law 2008-250):
R3P [248]
Zoning (By-law 2026-50):
N3B [1474]
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 side of the house and add a front yard parking space, as shown on the plans submitted to the Committee.
REQUESTED VARIANCES
2The Applicants request that the Committee authorize the following minor variances from the zoning provisions.
Under Zoning By-law 2026-50:
a) To permit a reduced total interior side yard setback of 1.5 metres, whereas the By-law requires a minimum total interior side yard setback of 1.8 metres, with no yard less than 0.6 metres.
b) To permit a reduced westerly side yard setback of 0.34 metres, whereas the By-law requires a minimum side yard setback of 0.6 metres.
c) To permit a parking space in the front yard whereas the By-law states that no parking space may be established in a front yard
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 24, 2026.
PUBLIC HEARING
5Before the hearing, the Committee received an adjournment request from the City to give the Applicants time to revise the application.
6The Panel heard from Z. Wysocki, one of the Applicants, who objected to the adjournment request and explained that a revised site plan had already been submitted to the Committee, eliminating the parking space located in the front yard.
7City Planner Spencer Mulvaney confirmed that an adjournment was no longer required.
8The Committee proceeded to hear the application without delay.
Oral Submissions Summary
9Z. Wysocki, one of the Applicants, gave a presentation outlining the application. He confirmed that, based on the revised plans submitted to the Committee, variance (c) was no longer necessary, and the application should be amended accordingly.
c) To permit a parking space in the front yard whereas the By-law states that no parking space may be established in a front yard
10City Planner Spencer Mulvaney confirmed he had no concerns with the application.
11Following 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
12The 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
13Evidence 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, requesting adjournment.
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
14The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
15Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
16The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
17Considering 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.
18The 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.
19In 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.
20Moreover, 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.
21THE 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 elevation plans filed with the Committee of Adjustment on April 22, 2026, and revised site plan filed with the Committee of Adjustment on May 13, 2026, as they relate to the requested variances.
"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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