Committee of Adjustment

The Committee of Adjustment is a quasi-judicial tribunal appointed by City Council and is independent and autonomous from City Administration. City Council appoints the Committee Members, who are residents of the City of Timmins. The term of the Committee runs with the term of Council and Committee Members are permitted to sit for two terms.

It derives its jurisdiction from the Planning Act of Ontario. The Committee’s mandate is to:

    • Consider and make decisions on applications for Minor Variances from the provisions of a Zoning By-law
    • Consider and make decisions on applications for  Consent to “sever” a property or for any agreement, mortgage or lease that extends for more than 21 years (under Section 53 of the Planning Act)
    • Consider and make decisions on applications for Permission, which deal with the enlargement or extension of a building or structure that is legally non-conforming, or a change in non-conforming use
    • Consider and make decisions on applications for Validation of Title.

The Committee of Adjustment and its application processes are separate and distinct from other municipal development approval processes. One or more of these processes may occur at the same time.

Committee of Adjustment Application forms are available online or at the Committee of Adjustment Office located in the Clerk’s Office, City Hall, 220 Algonquin Blvd. East, Timmins.

When considering an Application for Minor Variance from City of Timmins Zoning By-law No. 2011-7100, the Committee must consider the following “four tests” as set out in the Planning Act:

    • Whether the variance is minor
    • Whether the variance is desirable for the appropriate development or use of the land
    • Whether the general intent and purpose of the Zoning By-law is maintained
    • Whether the general intent and purpose of the  Official Plan is maintained

When considering an Application for Consent, the Committee must have regard to the same matters as in the evaluation of a Plan of Subdivision. The Committee may impose conditions related to the approval of a severance as in its opinion are reasonable.

The role of staff

Applications are processed by staff according to the rules and regulations set out in the governing provincial legislation.

Staff is available to discuss, with the general public, community representatives, lawyers and architects, matters related to application submission requirements as well as details of applications being processed. However, it is not the responsibility or position of staff to assess the merits of an application as this is the role and responsibility of the Committee.

The Committee must review all of the documentation before it, keeping in mind the four basic principles for approval, and render an independent decision.

For further information about the Committee of Adjustment please e-mail Keshia Horbul or call the office at 705-360-2600 extension: 2467 between the hours of 8:30 a.m. and 4:30 p.m.

Pre-consultation process

The first step is for the applicant to contact the Community Development Department 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 filing, the applicant should contact the Planning Division to discuss the proposal since the Planning Department will provide a written comment to the Committee on each application. After consultation with the Planning Division, the proponent can decide if they wish to proceed to Committee of Adjustment.  All applications to the Committee of Adjustment shall be reviewed by Planning staff.

Committee of Adjustment process

Once an application has been filed it will be reviewed for completeness by Clerk’s Department Staff, and a hearing date will be established.  Notices will be mailed out to all assessed property owners within 60 metres radius of the subject property and published in the Daily Press.  All submission materials on file, including the applications and plans, will be made available to the public for viewing at the Committee office, as required under Section 1.0.1 of the Planning Act, R.S.O 1990 C.P.13. Personal information on file with the Committee of Adjustment office is collected under the Authority of the Planning Act and will be used to process the application.

The Committee of Adjustment holds regular Public Hearings to consider the applications and the meetings are open to the public.  Any interested party can appear before the Committee to present their views in support or in opposition to an application.

Making presentations to the Committee

If you wish to appear at a Committee Hearing to either speak in support or in opposition to an application, there are some procedural matters to be aware of:

    • When you arrive at the Public Hearing take a seat in the hearing room. Wait for the application you are interested in to be called by the Committee Chair and then move to the front of the room and sit at the table provided.
    • The first person to speak is the applicant or their representative, who will briefly explain the proposal and answer any questions posed by the Committee members. The Committee will then hear from any others that wish to speak. Remember to address your concerns to the Chair of the Committee, not the applicant, and do not repeat what others have said but focus on adding new information. For a group, a spokesperson should be appointed to express its views. The applicant will then have an opportunity to respond. The Committee has adopted a five minute rule and would ask that all presentations be limited to five minutes or less and any exceptions will be at the discretion of the Committee Chair.
    • The Committee may adjourn an application or reserve its decision.
    • After the Hearing, the Committee will issue a written Decision on each application that was heard. A Decision of the Committee can be appealed to the Ontario Municipal Board for a fee.
  • Anyone wishing to receive a copy of a Committee of Adjustment decision must provide the Secretary-Treasurer with a proper mailing address.

Appealing the decision of the Committee

An appeal of the Committee of Adjustment’s decision must be filed within 20 days of the date of the Committee’s written Decision, and must include the reasons for the appeal as well as the applicable fee payable to the Ontario Minister of Finance. It should be noted that only individuals, corporations and public bodies may appeal decisions 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.

 

Committee of Adjustment Meeting Dates & Cut-Off Dates

Meeting Date Consent & Minor Variance Cut-Off Date
January 22, 2018 January 2, 2018
February 12, 2018 January 23, 2018
March 12, 2018 February 20, 2018
April 9, 2018 March 20, 2018
May 7, 2018 April 17, 2018
May 28, 2018 May 8, 2018
June 18, 2018 May 29, 2018
July 9, 2018 June 19, 2018
July 30, 2017 July 10, 2018
August 20, 2018 July 31, 2018
September 17, 2018 August 28, 2018
October 15, 2018 September 25, 2018
November 12, 2018 October 23, 2018
December 10, 2018 November 20, 2018

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