Committee of Adjustment Minor Variances

What you should know?

1. The Committee

The Committee of Adjustment is comprised of five (5) members and a Secretary/Treasurer. The members are appointed by Council for the four-year term and the authority to create a Committee of Adjustment by the Township is set out in the Planning Act a Provincial Statute. The current Committee is as follows:

Marion Norton - Chairperson
Ed Chillman - Vice Chairperson
Rob Miller
Brock Clark
Robert Harrison
Emilia Gruyters - Secretary-Treasurer
 

2. Purpose and Powers of the Committee

The owner of a property who is unable to comply with the provisions of  Zoning By-law 81-19, as amended, may apply to the Committee by means of an "Application for Minor Variance" to seek relief from the Zoning By-law. Section 45(1) of the Planning Act notes that a minor variance may be granted provided that, in the opinion of the Committee, the request is; minor in nature, is desirable for the appropriate development or use of the land, building or structure and the general intent and purpose of the By-law and the Official Plan is being maintained. Any authority or permission granted by the Committee may be for such time and be subject to such terms and conditions as the Committee considers appropriate.

Procedural By-law - Committee of Adjustment

3. The Process

The Application: If you wish to apply to the Committee of Adjustment, you must complete an application form, which is available from the Development Services Department.

Application Fees:

Application Fee (Residential, Commercial and Industrial) $585.00
Plan of Subdivision - to accomodate siting of a particular model $715.00
Emergency Meeting $1000.00
Tabling Fee - applicable whether applicant or committee requests tabling of application $285.00
Retroactive Fee - where conditions of approval have not lapsed but the applicant anticipates that the conditions of approval will not be fulfilled in the required timeframe $285.00
Additional Public Meetings - applications requiring additional public meetings $655.00

The Notice of Hearing:

Upon receipt of a completed application and fee, staff then prepares a Notice of Hearing which among other things describes the details of the requested variance, the date, time and location of public hearing. The Notice of Hearing is mailed to every property owner within 60 metres (200 feet) of the subject property and notice is provided to Township Planning Committee as well as outside agencies such as Health Departments and Conservation Authorities. Parties that receive notice may either attend the hearing or submit written comments which will be read at the hearing.

Posting a Notice:

A Notice for your minor variance application will be provided to you by the Secretary-Treasurer of the Committee of Adjustment.  This Notice must be posted 10 days before the actual meeting date.  The Notice must be attached to a stake and put in the ground on the boulevard in front of the property so that it is clearly visible from the road.  Once the notice has been posted you must contact Emilia Gruyters at (905) 852-9181 ext. 212.  Failure to comply will result in your application being tabled until the next available meeting and you have comlied with the regulations of the Planning Act.

Viewing Application and Plans:

If you wish to review the application or any plans submitted with the application they will be made available prior to the hearing in the Development Services Department or by contacting the Secretary-Treasurer of the Committee of Adjustment, Emilia Gruyters at (905) 852-9181 ext. 212.

Inspection by Committee Members:

It is common for one or more Committee members to visit and view the subject property prior to the hearing.

The Hearing:

  • The Chairman will inform those attending that if they wish to receive a written copy of the decision, to leave their name and postal address.
  • The Chairman will read the request for minor variance being sought.
  • The Applicant or Authorized Agent will be requested to present his reasons for not being able to comply with the By-law and their reasons justifying the request for variance. The applicant must be present or have a duly appointed agent at the hearing to present the application to the Committee.
  • The Chairman will read any written comments provided by outside agencies.
  • The Chairman will invite questions and comments from any other parties in attendance.
  • The Committee will be given an opportunity to ask questions of the applicant.

The Decision:

The Committee will make the decision in public after all discussions regarding the application is completed, then the Committee will hear the next application. The Applicant and anyone who indicated they wanted a written copy will have a copy sent to them by mail within 10 days. All decisions are subject to appeal within twenty (20) days from the date the decision is made. At the end of the twenty-day period, if there has been no appeal filed with the Secretary-Treasurer, the decision will become final and binding and a notice to that effect will be issued.

Appeal Provisions:

During the 20 day appeal period, any person having an interest in the application may file an appeal of the decision to the Ontario Municipal Board. The notice of appeal must be in writing and sufficiently outline the reasons for the objection and shall be submitted to the Secretary-Treasurer of the Committee of Adjustment along with a $125 cheque payable to "The Minister of Finance" prior to the expiry of the 20 day appeal period.

Other Costs:

It is not uncommon for the Committee's approval to be conditional on the applicant being required to enter into a site plan agreement with the Township and/or to have restrictions registered on title of the subject property. These legal and related costs for preparation of agreements are for the account of the owner/applicant and shall be paid to the Township when invoiced. For more information contact the Secretary-Treasurer of the Committee of Adjustment, Emilia Gruyters at (905) 852-9181 ext. 212.

Minor Variance Application Form

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2017 Public Hearings

Application Deadline Date Notices Due Date Hearing Date
December 23, 2016 January 6, 2017 January 25, 2017
January 20, 2017 February 3, 2017 February 15, 2017
February 17, 2017 March 3, 2017 March 15, 2017
March 17, 2017 April 7, 2017 April 19, 2017
April 21, 2017 May 5, 2017 May 17, 2017
May 19, 2017 June 9, 2017 June 21, 2017
June 23, 2017 July 7, 2017 July 19, 2017
July 21, 2017 August 4, 2017 August 16, 2017
August 18, 2017 September 8, 2017 September 20, 2017
September 22, 2017 October 6, 2017 October 18, 2017
October 20, 2017 November 3, 2017 November 15, 2017
November 17, 2017 December 8, 2017 December 20, 2017
December 22, 2017 January 12, 2018 January 24, 2018

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Committee of Adjustment Hearing Agenda and Minutes - 2016-2017



Date Agenda Minutes
Wednesday May 17, 2017  
Wednesday April 19, 2017  
Wednesday March 15, 2017
Wednesday January 25, 2017
Wednesday December 21, 2016
Wednesday November 16, 2016
Wednesday October 19, 2016
Wednesday September 21, 2016
Wednesday July 20, 2016
Wednesday June 15, 2016
Wednesday May 18, 2016
Wednesday April 20, 2016
Wednesday March 16, 2016
Wednesday February 17, 2016
Wednesday January 20, 2016

Committee of Adjustment Hearing Agendas and Minutes

 

2013-2014

2014-2015

4. Contact Information

For further information regarding Committee of Adjustment activities and responsibilities please contact:

Development Services Department
51 Toronto St. South
P.O. Box 190
(905) 852-9181
(905) 852-9674 (fax)

Emilia Gruyters
Planning Technician and
Committee of Adjustment Secretary-Treasurer

Development Services Department
51 Toronto St. South
P.O. Box 190
(905) 852-9181 ext. 212
(905) 852-9674 (fax)
Email: [email protected]

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Keywords: 
development services, planning fees, building permits, building inspections, plumbing inspections, minor variances