Committee of Adjustment

The Committee of Adjustment is an independent body appointed by Council under authority granted by the Province through the Planning Act. The Committee consists of five members of the public.


The purpose of this committee is to consider minor variances to the Town's zoning by-law and grant consent approval for the severance of land.

 

LINK Committee of Adjustment Decisions

 

Meetings and Cut-Off Dates

Meeting Date Application Cut-Off Date
January 12, 2012 December 8, 2011

February 9, 2012

January 5, 2012
March 8, 2012 February 2, 2012
April 12, 2012 March 8, 2012
May 10, 2012 April 5, 2012
June 14, 2012 May 10, 2012
July 12, 2012 June 7, 2012
August 9, 2012 July 5, 2012
September 13, 2012 August 9, 2012
October 11, 2012 September 6, 2012
November 8, 2012 October 4, 2012
December 13, 2012 November 8, 2012

 

LINK Committee of Adjustment Agenda

 

Minor Variance
The provisions of a zoning by-law or any by-law implementing the Official Plan are precise, and any development proposal must comply exactly with the terms of the by-law.

A minor variance is a special privilege used to reduce the inflexibility of the zoning by-law. It's a form of mini zoning and requires notification for a public hearing which must be conducted in accordance with the Statutory Powers and Procedures Act.

 

PDF FILE Application for Minor Variance

 

LINK The Minor Variance Process

 

 

Consent Approval Authority (Severance of Land) 

Powers for granting consents are found under Section 53 of the Planning Act and the procedures for considering an application for consent differ entirely from those required for variance application. In considering a consent a consent, regard shall be had to, among other matters, the health, safety, convenience and welfare of the present and future inhabitants of the municipality.


When considering an application for consent, the Committee sits as a delegated authority to consider consents, not as a Committee of Adjustment. The regulations specify the application form to be used and the agencies to which the circulation is to be made. They do not require circulation to property owners, nor is a public meeting required. In practice however, our consent approval authority does circulate to abutting landowners and does invite attendance at a meeting to speak to the application if interested parties so desire.

 

PDF FILE Application for Lot Creation, Boundary Adjustments and Easements

 

LINK The Severance Process

FAQ's

The Committee of Adjustment is an independent body consisting of five members, appointed by Council, under authority granted by the Province of Ontario, to grant relief from the provisions of the Town’s Zoning By-law. The Committee of Adjustment is also empowered to grant consent to divide a lot into additional parcels.

A minor variance is a change or permission from the specific requirements of the Town’s zoning by-law. Zoning by-laws are very specific in terms of setbacks, lot coverage and so on, and while they are crafted to anticipate most scenarios, they simply cannot anticipate all. The minor variance process allows a property owner the opportunity to seek permission or relief from a specific provision of the Town’s zoning by-law by applying to the Committee of Adjustment.

Consent is a term used to describe the approval required to subdivide land without the requirement of a plan of subdivision. The Planning Act requires that consent be granted before a parcel of land can be divided to create an additional lot. This process is referred to as land severance and the type of consent given in this instance is a severance.

The minor variance process consists of several steps.

  1. Preconsultation - prior to making the application, the applicant may wish to confer with the Secretary Treasurer
  2. Submission - when submitting, ensure that the application is completed in its entirety. Once a completed application is received it is processed by the Secretary Treasurer
  3. Circulation - all property owners within 60 metres of the subject lands as well as various Town departments and any affected agencies are provided a Notice of Hearing two weeks prior to the Hearing date, which briefly outlines the nature of the application – applicant is responsible for posting a sign on the subject lands
  4. Hearing and Decision - the Committee hears the application and usually makes a decision the same day
  5. Notice of Decision - a Notice of Decision is circulated to the applicant and all persons who made a written request to be notified of the decision - once the decision is made, a 20 day appeal period commences during which time the Committee’s decision could be appealed to the Ontario Municipal Board
  6. If Appealed - the application is heard before the Ontario Municipal Board in what amounts to a new hearing
  7. If No Appeal - the Committee’s decision is final after the expiration of the 20 day appeal period

The consent process consists of several steps.

 

  1. Preconsultation - prior to making the application, the applicant may wish to confer with the Secretary Treasurer
  2. Submission - when submitting, ensure that the application is completed in its entirety. Once a completed application is received it is processed by the Secretary Treasurer. 
  3. Circulation - all property owners within 60 metres of the subject lands as well as various Town departments and any affected agencies are provided a Notice of Hearing two weeks prior to the Hearing date, which briefly outlines the nature of the application – applicant is responsible for posting a sign on the subject lands 
  4. Hearing and Decision - the Committee hears the application and usually makes a decision the same day - generally, consent is granted conditionally (typical conditions may include survey, cash in lieu of 5% parkland, connect to municipal services) 
  5. Notice of Decision - a Notice of Decision is circulated to the applicant and all persons who made a written request to be notified of the decision - once the decision is circulated, a 20 day appeal period commences during which time the Committee’s decision could be appealed to the Ontario Municipal Board 
  6. If Appealed - the application is heard before the Ontario Municipal Board in what amounts to a new hearing 
  7. If No Appeal - the Committee’s decision is final after the expiration of the 20 day appeal period and the applicant has one year to complete any conditions established by the Committee after which time a Certificate of Official is issued (if conditions not satisfied within required timelines, application is deemed to be null)

For both a minor variance application as well as a consent application, from the time the application is submitted until a decision is made and the appeal period expires takes about two months. If conditions are attached to a decision (which is usually the case with a consent) the process could take considerably longer. If a decision is appealed to the Ontario Municipal Board, the decision is not final until it has been dealt with by the Board.

The cost for a minor variance application is $750 and the cost of a consent application is $1430 per lot being created.

Application forms are available on the Town’s web site as well as in the Customer Service area of the Administration Building. The Administration Building is located at 2101 Innisfil Beach Road.

The Committee of Adjustment Hearings are held in the Council Chambers in the Administration Building which is located at 2101 Innisfil Beach Road.

There is no refund if your application is refused.

The Committee of Adjustment sits the second Thursday of every month at 1:30 in the afternoon. A meeting schedule can be found on the Town’s web site.

 

Still have questions?
For additional information or further assistance please contact our Customer Service Department at 705-436-3710 (Monday to Friday 8:30am to 4:30pm) or use our Form Online Inquiry Form.