Committee of Adjustment
Committee Mandate
The Committee of Adjustment is a quasi-judicial tribunal appointed by city Council and operates at arm's length from the municipal government in accordance with the Planning Act.
In general, the Committee of Adjustment meets once a month in order to examine, among other things:
- Applications for minor variances to a provision of the Zoning By-Law;
- Expansion of a building or changes to existing non-conforming uses under the Zoning By-law;
- Applications for authorization to sever land or applications for any agreement, mortgage or lease that applies for more than 21 years;
- Applications for validation of title and power of sale.
The Committee of Adjustment and its application review process is separate and independent from other municipal development approval processes. As a result, the various approval processes may be conducted simultaneously. See The Planning and Development section for more information.
Committee's Structure
The Committee is composed of 4 members of council and 2 members of the public.
Before applying, consult the Guide to Minor Variances and Permits, and contact the Planning Department for more information at 613-446-6022 ext. 0.
Guide to Minor Variances and Permits |
1.0 IntroductionThis document is intended to provide guidelines for the public, property owners, builders and the municipality that will assist in the preparation, submission, review, and approval of new developments in the City of Clarence-Rockland. A “minor variance” is a minor change to a performance standard set out in the City’s Zoning By-law, granted by the Committee of Adjustment. Applying for a minor variance is a method to seek relief when hardship or circumstances make it difficult to meet the standards set out in the Zoning By-law. Minor variances cannot add a use that is not permitted under the Zoning By-law that would require a “Zoning By-law Amendment”. Note, in certain instances a “permission” under Section 45(2) of the Planning Act, (ie. for a change of non-conforming use and enlargements) could be considered under this process. These guidelines are provided to assist a proponent to understand the City’s requirements and the types of issues that will be reviewed for approval. 2.0 Minor Variance Approval Process2.1 Major Steps2.1.1 Pre-Consultation with the City’s Planning StaffApplicants are advised to request a pre-consultation meeting with a municipal planner prior to the submission of an application. During the pre-consultation meeting, a planner will help the applicant specify the variance or variances required and whether it is of their opinion that the variance requested would meet the four tests. Applicants may also use the pre-consultation meeting to ask any questions they have regarding the minor variance or permission process and receive assistance to fill out their application form. 2.1.2 Submit a Complete ApplicationThe applicant submits a complete application including a cover letter or planning rationale, required information identified during the pre-consultation meeting (ie. up-to-date survey plan, site plan, building elevations, etc.) the required fees and a copy of the Deed of Land. The application will then be reviewed by the Secretary Treasurer to ensure that the application is complete and all the required information was provided. 2.1.3 Circulation of ApplicationOnce the application is deemed complete, and at least 10 days before the meeting, the Secretary-Treasurer of the Committee of Adjustment will send a notice of the application to neighbors within 60 meters of the subject property, and any person or public body that made a written request to be notified. A notice sign will also be placed on the property by a company, and will be removed by the company after the public meeting. The application will also be circulated to prescribed agencies and to the City’s Departments in order to obtain comments and conditions to take into consideration when making a recommendation on the application. 2.1.4 Approval by the Committee of AdjustmentThe Committee of Adjustment is the approval authority for consents, minor variances and permissions. The Committee carefully considers all aspects of the application, which includes: • Whether the request maintains the general intent and purpose of the Official Plan; • Whether the request maintains the general intent and purpose of the Zoning By-law; • Whether the request is considered minor, and, • Whether the request is desirable for the appropriate development of land. Note in addition to these four ‘tests’ all planning decisions shall also be consistent with the Provincial Policy Statement. A report will be prepared by a municipal planner and presented at the public meeting, followed by a recommendation to the Committee based on whether the concerns have or can be addressed. If the application is approved, the Committee of Adjustment may impose or remove conditions as part of the decision. 2.1.5 Notice of DecisionA notice of decision will be mailed to the applicant and anyone who filled a written request for notice of decision or provided written comments within 10 days of the date on which the Committee of Adjustment made a decision. Note: There is a 20 day appeal period following the decision. 2.1.6 Final DecisionIf no appeals are made by the end of the 20 day appeal period, the decision is final and binding. 2.2 Processing Times1. Notice of Complete Application and Public Notice a. Time Frame: within 1 week of receiving a complete application 2. Approval by the Committee of Adjustment a. Time Frame: within 30 days of receiving the application 3. Notice of Decision a. Time Frame: within 10 days of the Committee’s decision 4. Final Decision a. Time Frame: 21 days after the decision is made The total processing time, from the submission of a complete application to the decision becoming final is approximately 6 – 10 weeks, assuming no appeal to the Local Planning Appeals Tribunal (LPAT). 3.0 Fees3.1 Application Fees• Minor Variance / Permission $700.00/application* • South Nation Conservation(If located in the South Nation Watershed) $350.00/application * A 10% discount is applied if it is concurrent with another application (i.e. consent) Need more information or have any questions? Contact: Infrastructure and Planning Department, City of Clarence-Rockland 1560 Laurier Street Rockland, Ontario K4K 1P7 Telephone: 613-446-6022 Fax: 613-446-1497 Planning and Forestry Department, United Counties of Prescott and Russell 59 Court Street, P.O. Box 304 L'Original, Ontario K0B 1K0 Telephone: (613) 675-4661 Fax: 1-800-667-6307 ext. 7101 Email: urbanisme@prescott-russell.on.ca www.prescott-russell.on.ca South Nation Conservation 38 Victoria Street, P.O. Box 29 Finch, Ontario K0C 1K0 Telephone: 613-984-2948, Toll free: 1-877-984-2948 Fax: 613-984-2872 Email: info@nation.on.ca www.nation.on.ca |
Appeal of a decision of the Committee
Any decision of the Committee of Adjustment may be appealed to the Local Planning Appeal Tribunal (LPAT) for a fee. The appeal must be filed within 20 days of the decision and must include reasons and payment of costs payable to the Ontario Minister of Finance.
Only individuals, corporations and public bodies can appeal decisions to the LPAT. An association or group cannot file a notice of appeal. However, a notice of appeal may be filed on behalf of an association or group by a person who is a member of the association or group.
More information about the Local Planning Appeal Tribunal and the appeal process can be found at the Local Planning Appeal Tribunal website.
Virtual meeting process guide |
The City of Clarence-Rockland is conducting its Committee of Adjustment meetings virtually through Zoom. How to watch a meetingIf you intend to listen and follow the meeting you must complete this request form and a link to the Zoom meeting will be sent to you or call the Community Development Department at (613) 446-6022, ext: 2285. Requests must be submitted no later than 4:30 p.m. two days prior to the meeting date. Please note that you will not be allowed to speak at the meeting if this option is chosen.
How to provide comments to the Committee1- Submit comments in writing
2- Participating in public virtual meeting by telephone or computer/smartphone/tablet via Zoom.If you intend to make a presentation or make oral comments at the meeting you must complete a delegation request form or or call the Community Development Department at (613) 446-6022, ext: 2285. Requests must be submitted no later than 4:30 p.m. two days prior to the meeting date. Once we receive your delegation request, we will confirm your attendance and provide you with the instructions for participating in the public meeting.
Information you choose to disclose in your correspondence will be used to receive your views on the relevant issue(s) to enable the Committee to make its decision on this matter. This information will become part of the public record.
If you do not participate in the public Zoom meeting or express your views in writing, the Committee may make a recommendation in your absence and may recommend changes to the proposal.
Meeting procedures
The decision
Individuals are also encouraged to speak to Planning staff or to submit written correspondence if you have questions or concerns that you wish to share.
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Next meeting : April 16,2025
File : D-13-25-03 |
Planning Rationale signed
OWNERS: Emanuel Lepindea and Sarah Lepindea LOCATION OF PROPERTY: 2274 Woods Street, Rockland
PURPOSE AND EFFECT OF APPLICATION: The owners have requested a minor variance to allow a private driveway with a width of 11.45 meters instead of 9 meters, and to allow this driveway to be located 0.25 meters from the side property line instead of 1 meter, reducing the landscaping strip, and to allow a second private driveway with a width of 5.8 meters for the new garage attached to the house, located on the west side of the main building.
DATE OF THE PUBLIC MEETING: TAKE NOTICE THAT the Committee of Adjustment for the City of Clarence-Rockland will hold a virtual Public Hearing on ZOOM, on Wednesday, April 16, 2025, at 5:00 p.m. to hear the above application as required by Section 45 of the Planning Act, R.S.O. 1990, chapter 2 p. 13.
It is required by the law that this notice be posted by the owner of any land that contains seven or more residential units in a location that is visible to all of the residents.
A NOTE ABOUT INFORMATION YOU MAY SUBMIT TO THE MUNICIPALITY: Under the authority of the Municipal Act, 2001 and in accordance with Ontario's Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), all information provided for, or at a Public Meeting, Public Consultation, or other Public Process are considered part of the public record and will be used to assist in deciding on this matter, including resident deputations. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses, opinions and comments collected will become property of the City of Clarence-Rockland, will be made available for public disclosure (including being posted on the internet) and will be used to assist Council/Committee and staff to process this application.
ADDITIONAL INFORMATION relating to the Minor Variance application and in regard to the ZOOM meeting is available on the City’s website at the following link https://www.clarence-rockland.com/Adjustment/ or by communicating with the City by phone or email below.
Notice dated as of April 2, 2025.
Agencies - please send your comments by April 9, 2025. |