The Committee of Adjustment considers and makes decisions on applications for Minor Variances from the provisions of the Township's Zoning By-Law and applications for enlargement or extension to any existing legal non-conforming building or structure.
Minor Variances are often required by circumstances peculiar to a property which prevent the owner from developing it in a way which conforms to a Zoning By-Law. Examples of Minor Variance Applications include requests for relief from the building setback and building height of the Zoning By-law.
A minor variance does not change a zoning by-law; it simply excuses you from a specific requirement of the by-law and allows you to apply for a building permit.
Minor variances will be granted if all of the following criteria, commonly referred to as the "four tests" are met:
- The variance is minor;
- The variance is desirable for the appropriate development or use of the property;
- The general intent and purpose of the Zoning By-Law is maintained;
- The general intent and purpose of the Official Plan is maintained.
The Committee will refuse an application if, in its opinion, one or more of the above criteria have not been met.
Minor Variance Applications
If you wish to apply to the Committee of Adjustment you will need to complete the application form and include a site plan or survey which will indicate the location of the property, the setbacks of all buildings or structures on the property and sufficient information to clearly identify the variance required. If you are acting as an agent for the purposes of the application, a letter of authorization is required from the registered owner of the property.
Applications are also available at the Municipal Office.
| How much will it cost? |
| The application fee is outlined on the application form, payable at the time an application is submitted. Fees may be paid by cash, debit, or cheque made payable to "Tay Valley Township". |
| What Happens Once the Application is Submitted? |
| The application is circulated to other Township Departments and various agencies for their comments. Notice of all Committee of Adjustment applications is also sent, by mail, to all property owners within 60 meters (200 ft) of the subject property. Following the circulation period, all correspondence will be reviewed and the Township Planner will determine if the proposal meets all requirements and prepare a report for the Committee of Adjustment. The Committee of Adjustment will then decide to approve, approve with conditions, or not approve the application. |
| What Happens at the Meeting? |
| At the hearing, the Township Planner will present the Report to the Committee. Presentations may also be made by any other interested parties in support of or in objection to your application. The Committee considers all presentations for and against your proposal and renders a verbal decision in the presence of all interested parties at the time of the Public Meeting. An approval of your application may be subject to such conditions and/or restrictions as the Committee deems appropriate. If an individual wishes to receive a copy of a Committee decision their request must be in writing. |
| What Happens After the Meeting? |
| A written decision from the Committee will be sent to the applicant, agent and all persons that requested a copy of the decision, by mail, within ten days from the date of the hearing. At the end of the twenty day appeal period, if there has been no appeal filed, the decision will become final and binding. |
| Appeal Provisions |
| The decision of the Committee of Adjustment is subject to appeal within twenty days from the date that the decision is signed. During the appeal period any person having an interest in the application may file an appeal of the Committee's decision to the Local Planning Appeal Tribunal (LPAT). The notice of appeal is filed with the Secretary-Treasurer of the Committee of Adjustment. The notice of appeal must be in writing and outline the reasons for the objection. A cheque in the amount of $125.00 payable to "The Minister of Finance" must be included with a notice of appeal. The notice of appeal, the fee and all required documents will be forwarded by the Secretary-Treasurer to the Local Planning Appeal Tribunal (LPAT). |