Committee Of Adjustment
Committee of Adjustment Minutes
View Minutes and Agendas for the Planning Board in the Council Agendas & Minutes folder.
Please note that only minutes and agendas beginning in 2022 are available for download. If you wish to acquire older documents, please contact the Planning Department at 705-746-4243 Ext. 304 or email planning@thearchipelago.ca.
What is a Committee of Adjustment?
The Township of The Archipelago's Comprehensive Zoning By-law regulates the way in which land can be used in the Township by identifying different properties with land use zones. The By-law also contains rules that apply to each zone respecting matters such as permitted uses, building setbacks and lot coverage. As it is difficult for the Zoning By-law to address every circumstance that may affect the development or use of a particular property, the Planning Act authorizes municipalities to establish a committee of adjustment to which property owners can apply for relief.
A committee of adjustment is authorized by the Planning Act to grant minor variances from the provisions of the Township's Comprehensive Zoning By-law, in respect of the land, building or structure or the use thereof.
The Committee of Adjustment for the Township of The Archipelago consists of ten members who are councillors for the Township appointed by Council. Hearings are scheduled on a monthly, as required basis. A committee of adjustment is a quasi-judicial body and must therefore be concerned with various procedural requirements designed to ensure fair and impartial handling of matters.
What is a minor variance?
At times it is not possible for a property owner to meet the requirements of the Zoning By-law. Application for a minor variance can be submitted if your proposed development doesn't conform exactly to the regulations of the Zoning By-law, but follows its general intent. For example, you may want to locate a garage on your property, but the shape of your lot prohibits the proposed development from meeting the minimum side yard setback. A minor variance would allow you to construct the garage with a side yard setback less than that which is required by the Zoning By-law. In this way minor variances provide flexibility so that developments which do not precisely meet the requirements of the Comprehensive Zoning By-law may still proceed. Without the possibility of obtaining a minor variance from the provisions of the Zoning By-law, the only recourse for an individual would be to seek a site specific amendment to the Zoning By-law, a much lengthier process. Landowners are encouraged to consult with Planning Department staff to discuss their proposals and to determine the best method of proceeding. The Zoning By-law Amendment Section below contains further information with respect to this application process.
The Planning Act requires that a committee of adjustment must consider four tests when hearing an application for a minor variance.
- Is the variance being requested minor in nature? The term "minor" is relative in nature and each application must be interpreted on its own merits and in conjunction with the remaining key tests for what constitutes a variance.
- Is the variance being requested desirable for the appropriate development or use of the land, building or structure? Committee members should consider aspects of the application such as its effect on adjacent properties and the effect on the municipality as a whole and on its policies.
- Does the variance maintain the intent and purpose of the Township's Zoning By-law? Committee members must review the relative provision of the Zoning By-law and then weigh the variance being requested against this provision. For example, if the applicant is seeking relief from the required front yard setback, the committee must review the reasons for establishing a front yard setback in the Zoning By-law, and then decide if the variance applied for will compromise the basis for this provision.
- Does the variance maintain the intent and purpose of the Township's Official Plan? Committee decisions should maintain the policy directives and objectives of the Official Plan.
How do I apply?
It is strongly recommended that you consult with Planning Department staff prior to the submission of an application. Contact information can be located on the Township's website.
Please review the Committee of Adjustment Application Process Summary for additional information.