Committee of Adjustment
Comité de dérogation
DECISION MINOR VARIANCE
June 12, 2026
Panel:
3 - Rural
File:
D08-02-26/A-00045
Application:
Minor Variance under section 45 of the Planning Act
Applicant:
M. Kassira
Property Address:
1280 West Beach Way
Ward:
20 - Osgoode
Legal Description:
Lot 13, Registered Plan 4M-1343
Zoning (By-law 2008-250):
V1E[634r]
Zoning (By-law 2026-50):
V1E[634r]
Heard:
June 2, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to construct an exterior gazebo and pool house, as shown on plans submitted to the Committee.
REQUESTED VARIANCES
2The Applicant requests that the Committee authorize minor variances from the zoning requirements:
Under Zoning By-Law 2008-250
a) To permit a reduced setback of 28 metres from the normal highwater mark of a watercourse or waterbody (Southwood Lake), whereas the By-law requires a minimum setback of 30 metres to the normal highwater mark of any watercourse or waterbody.
b) To permit a building or structure to be constructed in the rear yard and set back 22.9 metres from the rear lot line, whereas the zoning provisions (Rural Exception 634r) require a minimum rear yard setback of 28 metres within which no buildings or structures may be constructed.
Under Zoning By-law 2026-50
c) To permit a reduced setback of 28 metres from the top of bank of a surface water feature (Southwood Lake), whereas the By-law requires a minimum setback of 30 metres from the top of bank of any surface water feature.
d) To permit a building or structure to be constructed in the rear yard and set back 22.9 metres from the rear lot line, whereas the zoning provisions (Rural Exception 634r) require a minimum rear yard setback of 28 metres within which no buildings or structures may be constructed.
3The property is subject to easements as set out in OS19655, OS20575, and OC832108.
4For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, this application was deemed complete on April 14, 2026.
PUBLIC HEARING
Oral Submissions Summary
5Abdul Jaber, the Applicant’s agent, addressed the concerns raised in a written submission by the Ottawa Septic System Office, explaining that those concerns had since been addressed and that a septic permit had been issued for the proposal (a copy of which was submitted to the Committee) and that their concerns had been addressed.
6City Planner Elizabeth King advised that the proposal meets the minimum setback from Southwood Lake and that the application needed to be amended to delete that requested variance, as follows:
Under Zoning By-Law 2008-250
a) To permit a reduced setback of 28 metres from the normal highwater mark of a watercourse or waterbody (Southwood Lake), whereas the By-law requires a minimum setback of 30 metres to the normal highwater mark of any watercourse or waterbody.
b) To permit a building or structure to be constructed in the rear yard and set back 22.9 metres from the rear lot line, whereas the zoning provisions (Rural Exception 634r) require a minimum rear yard setback of 28 metres within which no buildings or structures may be constructed.
Under Zoning By-law 2026-50
c) To permit a reduced setback of 28 metres from the top of bank of a surface water feature (Southwood Lake), whereas the By-law requires a minimum setback of 30 metres from the top of bank of any surface water feature.
d) To permit a building or structure to be constructed in the rear yard and set back 22.9 metres from the rear lot line, whereas the zoning provisions (Rural Exception 634r) require a minimum rear yard setback of 28 metres within which no buildings or structures may be constructed.
7With all parties in agreement, the application was amended accordingly.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED, AS AMENDED
Application Must Satisfy Statutory Four-Part Test
8The 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
9Evidence 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, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 28, 2026, with no concerns.
Ottawa Septic System Office email received May 25, 2025, adjournment request.
Hydro Ottawa email received May 26, 2026, with no comments.
Effect of Submissions on Decision
10The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
11Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
12The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
13The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
14Considering 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.
15The 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.
16In 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.
17Moreover, 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.
18THE COMMITTEE OF ADJUSTMENT ORDERS that the application is 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 plans filed with the Committee of Adjustment on March 31, 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 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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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