The Planning Act, 1990 sets out the responsibilities and statutory requirements pertaining to a Committee of Adjustment. In the Town of LaSalle, the Committee of Adjustment has been assigned the responsibility for presiding over and making decisions with respect to consent, minor variance, and non-conforming use applications.
In carrying out these assigned duties the Committee shall be guided by the policies of the town’s official plan and the regulations and development standards contained within the implementing zoning by-law (Note: copies of both of these documents are available on the Town’s website).
Staff reports and the agenda are prepared and circulated electronically to Committee members for each consent and minor variance application in advance of the meeting dates.
Currently, Committee of Adjustment meetings are held on the third Wednesday of the month at 5:00 p.m. or more frequently at the call of the chair.
Consent Applications
In Ontario, there are two approval processes that can be used to create new parcels of land — a draft plan of subdivision or a consent to sever application.
For information purposes, we have attached a copy of the Town’s approved land division policies. These policies articulate when and under what circumstances a draft plan of subdivision is required and when a consent to sever application can be used to create a new lot.
When assessing the merits of individual consent applications, the Committee should consider the following:
- conformity with the official plan (i.e., permitted land use, maximum density allowed, servicing, etc.);
- comments and recommendations from local and provincial agencies affected;
- the size, shape and orientation of the lots being proposed and the location of any existing buildings and structures (i.e., will it provide a suitably sized building lot and maintain the required yard separations);
- the location of existing and proposed driveways (re: visibility, sight lines, impact on traffic and turning movements);
- availability and adequacy of municipal infrastructure and services (including sanitary sewage treatment capacity, storm drainage, water supply, etc.);
- environmental constraints (i.e., floodways, contaminated soils, noise from railways, shoreline erosion, etc.);
- comments and recommendations from town staff (planning, engineering, building, etc.).
Where the Committee is of the opinion that the consent to sever application conforms to the applicable official plan policies and favourable comments and recommendations are received regarding the above-noted considerations, consent in principle can be granted with conditions attached.
The applicant has two years to satisfy all of the conditions imposed by the committee. Should the conditions not be satisfied the approval in principle lapses and the consent application is deemed to have been refused.
Where the conditions are satisfied, the Secretary-Treasurer of the Committee of Adjustment provides a certificate of final approval accordingly. The applicant must then register the certificate in the local registry office.
It should be noted that if the applicant is not satisfied with the decision of the committee or with one or more conditions imposed, he/she may appeal the decision or condition to the Ontario Land Tribunal (OLT).
Consent applications for lot additions, rights-of-way and easements would follow a similar review and approval process.
Minor Variance Applications
A property owner that is not able to meet one or more of the regulations and/or development standards, as may be prescribed by Council, in the Town’s Comprehensive Zoning By-law, may apply to the Committee of Adjustment for a minor variance application to obtain relief from one or more subsections of the Town's Zoning By-law.
In many instances, the relief that is being sought is a result of the location of existing buildings and structures that may have been built prior to the adoption of the current edition of the zoning by-law. We often find that during the construction of new buildings and structures the contractor makes a mistake and the addition or the new building itself encroaches into a required yard. Other minor variance applications result from the uniqueness or shape and size of the property affected.
When evaluating the merits of minor variance applications, the Committee should apply the following four (4) tests:
i) Does the application conform to the general intent and purpose of the applicable official plan policies?;
ii) Does the application maintain the general intent and purpose of the applicable zoning by-law regulation or standard? (this test requires an understanding of the nature and purpose of the regulations in effect as adopted by the Council);
iii) Will the relief that is being applied for result in the appropriate development of the subject property?; and
iv) Is the application minor in nature? (minor does not mean a mathematical calculation — a 10% variation - but rather should be assessed on the basis of the impact that the requested change would have on abutting lands — i.e., will an adverse impact be created as a result of this application being approved — if it will have an adverse impact, it should not be viewed as being minor in nature).
Before granting approval to the minor variance application the Committee should satisfy itself that all four tests can be met. It should be noted that on an appeal to the OLT the tribunal consistently uses these four tests in determining whether or not a minor variance application should receive approval, and includes reference to them in all decisions.
The Planning Act, 1990 also allows a Committee of Adjustment to grant approvals for an expansion or an extension to non-conforming land use. The Committee should be guided by the Council adopted land use policies pertaining to such applications — Subsection 7.14 of the official plan provides the relevant policy direction in this regard.
It should be noted that minor variance applications are not intended to be used to add new land uses to the list of permitted uses. Such changes are major in nature and should be dealt with as a zoning by-law amendment which is reviewed and approved by Council.