Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
June 12, 2026
Panel:
2 - Suburban
File:
D08-02-26/A-00062
Application:
Minor Variance under section 45 of the Planning Act
Applicant:
A. Wang
Property Address:
113 James Cummings Avenue
Ward:
7 - Bay
Legal Description:
Part of Lot 11, Concession 1, Geographic Township of Nepean
Zoning (By-law 2008-250):
R1E
Zoning (By-law 2026-50):
NU[630]
Heard:
June 2, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to add a balcony at the rear of the existing house, as shown on plans submitted to the Committee.
REQUESTED VARIANCE
2The Applicant is requesting that the Committee authorize a minor variance from the Zoning By-law, as follows:
Under Zoning By-Law 2008-250
a) To permit a cantilevered balcony to be 25.1 metres from the normal high-water mark of the Ottawa River, whereas the By-law states, in part, that no building or structure shall be located closer than 30 metres from the normal high-water mark of any watercourse or water body.
3There are no other pending applications regarding the property 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 29, 2026.
PUBLIC HEARING
Oral Submissions Summary
5Peter Cai, the Applicant’s agent, and City Planner Nick Burnie were present.
6There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
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, Rideau Valley Conservation Authority permit, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 27, 2026, with no concerns.
Rideau Valley Conservation Authority email received May 25, 2026, with no objections.
Ottawa Septic System Office email received May 25, 2026, with no objections.
Hydro Ottawa email received May 27, 2026, with comments.
M. De Marinis, a resident, phone call received June 2, 2026, in support.
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 requested 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, from a planning and public interest point of view, is 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 elevation plans filed with the Committee of Adjustment on April 28, 2026, and the site plan filed with the Committee of adjustment on April 27, 2026, as they relate to the requested variance.
"Fabian Poulin"
FABIAN POULIN
VICE-CHAIR
Absent
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 June 12, 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 July 2, 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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