Committee of AdjustmentWhat is the Committee of Adjustment?The Committee of Adjustment is a quasi-judicial tribunal appointed by City Council and is independent and autonomous from the City Administration. It derives its jurisdiction from the Planning Act of Ontario. The Committee's mandate is to:
As with many other municipal areas, the Committee of Adjustment has gone through a transition. The Committees of Adjustment in each of the former municipalities were merged into a new, citywide Committee of Adjustment effective January 1, 2002, and City Council has appointed the Committee Members, who are residents of the city. The new 15-member Committee is divided into three, five-member panels with each panel dealing with a different geographical area of the city. There are two panels for urban areas of the city and one panel for the rural areas. The Committee has a centralized administration office. When considering an Application for Minor Variance from the existing municipal Zoning By-laws, or any other By-law that Council may direct, the Committee must consider the following "four tests" as set out in the Planning Act, namely:
In considering an Application for Consent, the Committee must have regard to the same matters as for a Plan of Subdivision. The Committee may impose conditions to the approval of a severance as in its opinion are reasonable. The Committee of Adjustment and its application process are separate and apart from the other municipal development approval process and as such has its own application forms. However, different approval processes can be occurring at the same time. Pre-Consultation ProcessThe first step is for the applicant to contact a City Development Information Officer to discuss the requirements of the Zoning By-law. If it is determined that the provisions of the Zoning By-law cannot be met, then the applicant may wish to consider making an application to the Committee of Adjustment for a Minor Variance/Permission. Prior to doing this, a City planner should be contacted to discuss the proposal, since the Department provides a written comment to the Committee on all applications. The applicant may also wish to speak to his or her local community organization and neighbours. Once an application has been filed with the appropriate fee, and has been reviewed and accepted by the Committee of Adjustment office, notices are sent out to all assessed property owners within 60 meters of the property involved. In the case of a minor variance application, to community organizations as well. As part of the circulation process, the applicant is also required to place a sign on the property. A statutory declaration must be on filed indicating that the sign was posted before the Committee proceeds to hear the application. Failure to do so may result in delays in the hearing of the application. The applications and plans can be reviewed in the Committee office. Committee of Adjustment HearingsThe Committee of Adjustment holds regular Public Hearings to consider the applications that fall within its mandate. The meetings are open to the public and any interested party can appear before the Committee to present their views, in support or in opposition, to an application. According to the Committee's Rules of Procedure, the applicant or a concerned citizen(s) may request an adjournment (typically until the next scheduled Hearing). AdjournmentsA request for an adjournment should be made both in writing, in the form of a motion to adjourn, as well as in person at the Hearing, with the following two exceptions:
Requests for adjournments are usually dealt with at the start of the Hearing. When the Chairman adjourns an application to a specific Hearing, there is no further notification. However, when an application is adjourned sine die, notice, in the prescribed manner, will be given. A reprocessing fee may apply. The Probable Order of Applications (list) posted near the hearing room should reflect a request for adjournment, if possible. Approximately 10 days after the Hearing, the Committee will issue a written Decision on each application that was heard. This Decision can be appealed to the Ontario Municipal Board. The appeal must be filed within 20 days of the Committee's Decision and must include the reasons for the appeal. There is a fee which must accompany the appeal and is payable to the Ontario Minister of Finance. Making Presentations to the CommitteeIf you wish to appear at a Committee meeting to either support or speak against an application, there are a few rules to follow: When you arrive at the Committee hearing consult the Probable Order of Applications Agenda posted outside of the Hearing Room. Fill out a Request for Decision Form to ensure you receive a written copy of the Committee's decision. Wait for the application you are interested in to be called by the Committee Chairperson. If you wish to speak on the application, the Chairperson will invite you to move to the front of the room and sit at the tables provided. The first person to speak is the applicant or their representative who will briefly explain the proposal and answer any questions passed by the Committee members. The Committee will hear the views from any others that wish to speak. (Remember to address your concerns to the Chair of the Committee, not the applicant. Do not repeat what others have said but focus on adding new information.) For large groups, a spokesperson should be appointed to express any views or concerns. The applicant can then respond to the comments. The Committee may adjourn an application or reserve its decision. As you leave the Hearing remember to give your written Request for Decision Form to staff so that you can be mailed the Committee decision when it becomes available. This is usually about a week to 10 days after the meeting. Appealing the Decision of the CommitteeThe Committee's decision can be appealed to the Ontario Municipal Board. The appeal must be filed within 20 days of the Committee's decision and must include the reasons for the appeal and include a fee payable to the Ontario Minister of Finance. It should be noted that only individuals, corporations and public bodies may appeal decisions in respect of applications for consent to the Ontario Municipal Board. An unincorporated association or group may not file a Notice of Appeal. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. An incorporated community association or community group may file its own appeal. The Role of the Committee OfficeApplications are processed through the Committee office according to the rules and regulations set out in the governing provincial legislation. There is day-to-day consultation with the general public, community representatives, lawyers and architects on issues dealing with the submission requirements for a completed application. However, the Office is not in a position to discuss the merits of an application since this is the responsibility of the Committee itself. Staff, however, can provide an explanation of the details of an application. Committee of Adjustment Application Forms can be obtained at any of the City's Client Service Centres, online or at the Committee of Adjustment Office located at 101 Centrepointe Dr. (4th Floor). For further information about the Committee of Adjustment, please call the Office at 613-580-2436. |
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