Committee of Adjustment:
The Committee of Adjustment of the Township of Manitouwadge is composed of five members who are appointed by the Council of the Municipality. Council may appoint any person to the Committee of Adjustment whom they consider appropriate. Committee members, who are not members of Council, hold office for a term concurrent to that of the Council who appointed them, for four years. Council members serving on the Committee of Adjustment are appointed on an annual basis. The Committee currently consists of the five appointed members of Council.
The Committee of Adjustment is constituted and appointed by a By-law of the Corporation of the Township of Manitouwadge and operates in accordance with Sections 44 and 45 of the Planning Act, 1990 and Ontario Regulation 200/96, as amended.
The primary function of the Committee of Adjustment is to consider applications for minor variances from the provisions of existing Zoning By-laws. The Committee must evaluate each application for minor variance as follows:
- The Committee may authorize a minor variance from the provisions of a By-law, in respect of the land, building or structure;
- The Committee must satisfy itself that the granting of a minor variance does not violate the general intent of the respective Zoning By-law and the Official Plan.
In addition to requests for minor variance, an application may be filed with the Committee of Adjustment for permission. A request for permission entails either of the following:
- The enlargement or extension of a legal non-conforming building or structure; or,
- The conversion of the use of land, building or structure from a legal non-conforming use to a similar legal non-conforming use or to a use which is more compatible with the uses permitted under the relevant Zoning By-law.
Finally, application may be made to the Committee of Adjustment for clarification of the uses permitted by Zoning By-law. Where such uses are defined in general terms the Committee is empowered to permit the use of land, building or structure for any purpose that the Committee considers as being in conformity with the uses permitted by the By-law.
Why does the Township allow for variances?
The Planning Act of Ontario allows for minor variances that meet the four test criteria. It is up to the committee to determine if a variance meets the four tests.
What are the four tests?
- Does the variance maintain the general intent and purpose of the official plan?
- Does the variance maintain the general intent and purpose of the zoning by-law?
- Is the variance desirable for the appropriate development or use of the land?
- Is the variance minor?
Minor Variance Application – May 2020
Notice is hereby given that the last day for appealing the Decision to the Local Planning Appeal Tribunal is: July 14, 2020.
Within twenty (20) days of the date of the decision, any person who has interest in the matter may appeal to the Local Planning Appeal Tribunal (LPAT) against the decision.
If no appeal is received by the Secretary-Treasurer within this twenty (20) day period, the decision of the Committee becomes final and binding. Notices to this effect are sent to the applicant, agent and mortgagee.
Appeals received by the Secretary-Treasurer will be subjected to a preliminary screening by the Local Planning Appeal Tribunal. If the appeal is found to be valid, a Notice of Commencement from the LPAT Registrar will be issued, and a statutory case management conference (CMC) will be scheduled. Additional information regarding the appeal process can be found on the LPAT website at: http://elto.gov.on.ca
Appeals are to be filed with:
Secretary-Treasurer for the Committee of Adjustment
Manitouwadge, ON P0T 2C0