Committee of Adjustment
Comité de dérogation
DECISION CONSENT/SEVERANCE
May 29, 2026
Panel:
1 - Urban
File:
D08-01-26/B-00070
Application:
Consent under section 53 of the Planning Act
Applicant:
T. and A. Cassone
Property Address:
501 Cole Avenue
Ward:
15 - Kitchissippi
Legal Description:
Lot 19, East Cole Avenue, Registered Plan 235
Zoning (By-law 2008-250):
R3R[2687] H(8.5)
Zoning (By-law 2026-50):
N3C[2687] H(8.5)
Heard:
May 20, 2026, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to divide their property into two separate parcels to create a new lot for a future residential development project.
2On May 27, 2022, the Committee granted provisional consent (application file nos. D08-01-22/B-00076 & D08-01-22/B-00077) to sever the property into two lots. However, the conditions of provisional consent were not met within the time limit prescribed by law, and the application was deemed to have been refused under the Planning Act.
CONSENT REQUIRED
3The Applicants seek the Committee’s consent to sever land. The property is shown as Parts 1 and 2 on a draft reference plan submitted together with the application, and the individual parcels will be as follows:
Table 1 Proposed Parcels
File No.
Frontage
Depth
Area
Part No.
Building
B-00070
10.01 m
34.98 m
350.5 sq. m
1
Future Residential Development
Retained
10.01 m
34.98 m
350.5 sq. m
2
Future Residential Development
4The property is not the subject of any other pending application 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 March 23, 2026.
PUBLIC HEARING
Oral Submissions Summary
6Simran Soor, the Applicants’ agent, gave a presentation accompanied by slides; a copy of the slides is available upon request from the coordinator. Ms. Soor emphasized that both the severed and retained lots met all zoning requirements and were suitable for residential development.
7City Planner Nick Burnie confirmed that he had no concerns with the application.
8Heritage Planner Greg MacPherson explained that a heritage impact assessment had been submitted and approved as early as 2022 as part of the earlier application for consent. Since the proposal had not changed, no new assessment was necessary. He also confirmed that he had no concerns regarding the impact on the adjacent heritage property located at 420 Kenwood Avenue. The Committee also heard oral submissions from the following individuals:
H. Hruska, a local resident, expressed her concerns with the proposal, citing the inability to review development plans, as well as the anticipated noise pollution from construction work, the site’s history, and the loss of trees.
T. Gray, of the Westboro Community Association, expressed concerns about the impact of proposed development on the neighbouring heritage-designated property, the lack of a heritage impact assessment, the absence of development plans, and the lack of public consultation.
9In response to the concerns raised by residents and the Westboro Community Association, Ms. Soor explained that no development plans were currently being proposed, but that if a future project did not comply with the zoning requirements, a new application would have to be submitted to the Committee.
10Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
11Under 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).
Evidence
12Evidence 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, tree planting plan, parcel abstract, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 11, 2026, with no concerns; received April 16, 2026, with no concerns.
Rideau Valley Conservation Authority email received May 12, 2026, with no objections; received April 20, 2026, with no objections.
Hydro Ottawa email received May 13, 2026, with comments; received April 14, 2026, with comments.
T. Gray, President, Westboro Community Association email received May 19, 2026, with comments; received April 17, 2026, with comments.
D. McGill and P. Weir, residents, email received April 20, 2026, with comments.
E. and S. Milligan, residents, email received April 20, 2026, with comments.
J. Marshall, resident, email received April 20, 2026, with comments.
H. Hruska, resident, email received April 20, 2026, with comments.
B. Green, resident, email received April 20, 2026, with comments.
J. Karai, resident, email received April 20, 2026, with comments.
S. Morris, resident, email received April 19, 2026, with comments.
D. Chapman, resident, email received April 19, 2026, with comments.
C. Mayriplis, resident, email received April 19, 2026, with comments.
L. Wylie, resident, email received April 19, 2026, with comments.
D. Wright, resident, email received April 19, 2026, with comments.
D. Reed, resident, email received April 19, 2026, with comments.
N. Charest, resident, email received April 19, 2026, with comments.
J. McKibbon, resident, email received April 19, 2026, with comments.
D. Muir, resident, email received April 19, 2026, with comments.
F. Piredda, resident, email received April 19, 2026, with comments.
R. Cody, resident, email received April 19, 2026, with comments.
C. Oldfield, resident, email received April 19, 2026, with comments.
B. Bedar and M. Marcone, residents, email received April 18, 2026, with comments.
B. Kilfoil, resident, email received April 18, 2026, with comments.
P. Abell, resident, email received April 17, 2026, with comments.
N. Gautier on behalf on L. Cole, resident, email received April 17, 2026, with comments.
L. and R. Ben, resident, email received April 17, 2026, with comments.
Mel, resident, email received April 17, 2026, with comments.
A. Sterpam, resident, email received April 16, 2026, with comments.
J. Jone, resident, email received April 15, 2026, with comments.
Effect of Submissions on Decision
13In reaching its decision, the Committee of Adjustment reviewed all written and oral submissions and granted the application.
14The Committee notes that the municipal planning report raises “no concerns” regarding the application, provided that the required conditions–which have been accepted by the Applicant’s agent–are met.
15Based 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.
16The 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.
17Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
18Moreover, 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.
19THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
"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
NOTICE TO APPLICANT(S)
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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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/building 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.
If required, that the Owner(s) enter into a Joint Use and Maintenance Agreement, at the expense of the Owner(s), setting forth the obligations between the Owner(s) and the proposed future owners with respect to the joint use and maintenance of all common elements including, but not limited to, the common party walls, common structural elements such as roof, footings, soffits, foundations, common areas, common driveways and common landscaping.
The Owner shall ensure that the Agreement is binding upon all unit owners and successors in title and shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or City Legal Services. The Committee shall be provided written confirmation that the Agreement is satisfactory to the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, or is satisfactory to City Legal Services, as well as a copy of the Agreement and confirmation that it has been registered on title.
- Where a severance will create a vacant lot, the Owner/Applicant(s) will provide a Grading/Servicing and Stormwater Management Plan based on the conceptual building envelope created by the zoning of the proposed lot, to establish that the lot can be graded to a sufficient and legal outlet and has access to services with adequate capacity, while minimizing impacts to protected trees outside of the
building envelope, including boundary and adjacent trees. The Tree Information Report must reflect any changes to the grading and servicing plan. These plans will 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) 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.