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Minor Variance - Consent Application

COMMITTEE OF ADJUSTMENT                                     

HEARINGS  

PROCESS   -   FROM  APPLICATION TO APPROVAL

CONSENT APPLICATION                             GUIDLINES & APPLICATION                      pdf FEES
 
APPLICATION FOR MINOR VARIANCE      GUIDLINES & APPLICATION                       pdf FEES
                      COA Process


Committee of Adjustment

The Committee of Adjustment is comprised of five citizens appointed by Council to consider applications for minor variances to zoning by-laws and applications for consent (severances). 
The Committee of Adjustment is a quasi-judicial body, similar to an informal court, that operates under the Planning Act, the Statutory Powers Procedure Act and various provincial regulations. 
The Committee operates independently from the Town Council.  

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Hearings

Hearings are usually scheduled on Tuesday evening's beginning at 7:00 p.m. at Grimsby Town Hall, 160 Livingston Avenue.

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Process  

* Pre-consultation with a planner prior to submission is recommended and to determine what outside agencies will be required to review the application (Niagara Peninsula Conservation Authority ;  Region of Niagara Review);

* All questions on the application are fully completed and fee is paid;

* Staff will view the application and notify the Applicant of the Committee of Adjustment date;

* A Notice of Hearing is circulated to every owner of land located within 60 metres of the property, Town departments and outside agencies;

* Applicants, if required, are to post a Notice of Hearing sign and ensure the sign is posted for the entire period;

* Staff will prepare a Planning Report; 

* At the Hearing the Applicant and or agent must be present at the hearing;

* The Secretary-Treasurer provides an overview of the application and the Committee and public will have opportunity to ask questions;

* The Committee will make a Decision on the application.  If further information is require the Committee may defer their Decision;

* After the Hearing a Notice of the Committee of Adjustment Decision including the last day of appeal to the Ontario Municipal Board is given to the Applicant and anyone who has requested it;

* If there is no appeal within 20 days, notice is given to the Applicant that the Decision is final and subject to the conditions set out in the Decision if applicable;

* If an appeal is filed, notice is given to the Applicant and the Appeal is forwarded to the Ontario Municipal Board.
                                                                                                                                

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Consent Application                                       Guide and Application

When do I need a Consent Application and how do I apply?

Consent applications are required when an owner of land wishes to sell, convey or transfer an interest of "part" of their land.

Consent is also required when the terms of an agreement, such as a lease, an easement or a mortgage commits the use of land for a period in excess of 21 years.

In addition to Consent, the Committee of Adjustment also has the power to issue a "Certificate of Validation" and to give "Approval of a Foreclosure of or an Exercise of a Power of Sale in a Mortgage or Charge".

Applicants are required to consult with a planner prior to submitting an application.

A completed application form, and the appropriate fee are to be submitted along with 15 copies of a plan completed by an Ontario Land Surveyor for the application. The survey must indicate the location of the property; the setbacks of all buildings or structures on the property and sufficient information to clearly identify the consent being applied for must be submitted with the application. The application form details the exact information required on the survey. If you have any questions on how to complete the application form the Secretary-Treasurer is available to assist.

If there is a person acting as an agent for the purposes of the application, a letter of authorization is required from the registered owner of the property.

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Minor Variance                                                         Guide and Application

When do I need a Minor Variance Application and how do I apply?

The owner of any land, building or structure who has been unable to comply with the provisions of the Zoning By-law may apply to the Committee of Adjustment by means of an "Application for Minor Variance".

These minor changes to the by-law may be granted if, in the opinion of the Committee of Adjustment, the request is minor in nature, is desirable for the appropriate development or use of the land, building or structure and if in the opinion of the Committee, the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

Applicants are required to consult with a planner prior to submitting an application.

A completed application form, and the appropriate fee are to be submitted along with a plan drawn to scale or a survey which indicates the location of the property, the setbacks of all buildings or structures on the property and sufficient information to clearly identify the variance required or consent being applied for. The application form details the exact information required on the survey and the number and size of the site plans required. If you have any questions on how to complete the application form the Secretary-Treasurer is available to assist.

Application packages are available by contacting the Secretary-Treasurer at the Town Hall, #160 Livingston Avenue, Grimsby or by selecting the appropriate application package below. Please note that some of the required forms are 8 1/2" x 14" (legal) format and should be printed on the appropriate size paper. ( pdf example of required site plan

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Committee Of Adjustment

The Committee of Adjustment is a Council appointed committee charged with making decisions on applications for consent to sever and minor variances. For an application for a minor variance or consent to sever please click here:

pdf Minor Variance Application
Procedures and consent application

For a Tariff of Fees click here

pdf Fee Tariff 2016

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