Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE AND MINOR VARIANCE
June 12, 2026
Panel:
3 - Rural
Files:
D08-01-26/B-00087 & D08-01-26/B-00088 D08-02-26/A-00064
Applications:
Consent under section 53 of the Planning Act
Minor Variance under section 45 of the Planning Act
Applicant:
The Trustees of St. Paul’s United Church
Property Address:
3452 and 3462 McBean Street
Ward:
21 - Rideau-Jock
Legal Description:
Unit 51 & 52 on Index Plan D-12, Former Township of Goulbourn
Zoning (By-law 2008-250):
VM8
Zoning (By-law 2026-50):
VM8
Heard:
June 2, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant wants to sever the property into two separate lots. The existing house (former manse) and St. Paul’s United Church will remain.
2An easement is also proposed over 3452 McBean Street, in favour of 3462 McBean Street, to maintain existing sanitary infrastructure.
CONSENT REQUIRED
3The Applicant is requesting the Committee’s consent to sever land and to an easement for servicing. The property is shown on a plan submitted along with the applications, and the resulting separate lots would be as follows:
Table 1 Proposed Parcels
File No.
Frontage (m)
Depth (m)
Area (m 2)
Part
Building
B-00087
27.83
Irregular
1767.4
1 & 2
St. Paul’s United Church (3452 McBean Street)
B-00088
20.12
64.74
1302.6
3
Existing house (3462 McBean Street)
4It is proposed to establish an easement as follows:
- Over Part 2 in favour of 3462 McBean Street, for access and maintenance of the existing underground sanitary sewer connection.
5The proposal also requires one or more minor variance to the zoning requirements.
REQUESTED VARIANCES
6The Applicant is requesting that the Committee authorize minor variances from the zoning requirements, as follows:
3462 McBean Street, Part 3, existing house:
Under Zoning By-Law 2008-250
a) To permit a reduced lot area of 1302.6 square metres, whereas the By-law requires a minimum lot area of 1350 square metres.
Under Zoning By-law 2026-50:
b) To permit a reduced lot area of 1302.6 square metres, whereas the By-law requires a minimum lot area of 1350 square metres.
7For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, these applications were deemed complete on May 5, 2026.
PUBLIC HEARING
Oral Submissions Summary
8Responding to the Panel’s questions, Tim Eisner, agent for the Applicant, confirmed that he accepted the City’s revised requested conditions of provisional consent.
9City Planner Elizaberh King confirmed that she had no concerns with the applications.
DECISION AND REASONS OF THE COMMITTEE:
• CONSENT APPLICATIONS GRANTED
• MINOR VARIANCE APPLICATION GRANTED
Consent Application Must Satisfy Statutory Tests
10Under 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
11The 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
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:
Applications and supporting documents, including a cover letter, plans, parcel abstract, sewer inspection report, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 28, 2026, with no concerns.
Rideau Valley Conservation Authority email received May 25, 2026, with no objections.
Hydro Ottawa email received May 26, 2026, with comments.
Effect of Submissions on Decision
13The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.
14The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications.
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.
19Based on the evidence, the Committee is also satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
20The Committee notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
21Considering 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.
22The 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.
23In 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.
24Moreover, 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.
25THE 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.
26THE COMMITTEE OF ADJUSTMENT ALSO ORDERS that the minor variance application is granted and the variances to the Zoning By-laws are authorized.
"Terence Otto"
TERENCE OTTO
VICE-CHAIR
"Gary Duncan"
GARY DUNCAN
MEMBER
"Beth Henderson"
BETH HENDERSON
MEMBER
"Martin Vervoort"
MARTIN VERVOORT
MEMBER
Declared interest
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
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 evidence, to the satisfaction of both the Chief Building Official and the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designates, that both severed and retained parcels have their own independent well(s) and independent sanitary connections, that these services do not cross the proposed severance line and are connected directly to City infrastructure, as appropriate. Further, the Owner(s) shall comply to 7.1.5.4(1) of the Ontario Building Code, O. Reg. 332/12 as amended. If necessary, a plumbing permit shall be obtained from Building Code Services for any required alterations. If a sanitary service crosses property lines, and there is sufficient justification for the service locations to remain, the Owner(s) may be required to obtain the approval of the Committee to grant easement(s) for access and maintenance of the services.
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:
o “The City of Ottawa does not guarantee the quality or quantity of the groundwater. If, at some future date, the quality or the quantity of the groundwater becomes deficient, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.”
o “The City of Ottawa has identified that there are potential sensitive marine clay soils within the area that may require site specific detailed geotechnical engineering solutions to allow for development, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.”
o “The property is located next to lands that have an existing source of environmental noise (arterial road) and may therefore be subject to noise and other activities associated with that use.”
The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
- 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 McBean Street frontage of the lands, measuring 11.5 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 application (D08-02-26/A-00064) has 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.