Committee of Adjustment in Toronto

The Committee of Adjustment is a quasi-judicial body that is responsible for making decisions on applications related to land use and development in the City of Toronto. The Committee is made up of citizen members appointed by City Council and operates independently of the City administration. The Committee is tasked with making decisions on applications for minor variances to zoning by-laws, land severances, and consents.

A Committee of Adjustment approval is required when a proposed building or renovation does not meet the zoning by-law requirements. For example, if the proposed building height, setback, or lot coverage does not comply with the zoning by-law, a minor variance application would need to be submitted to the Committee of Adjustment for approval. In addition, if you are looking to sever your land, create a new lot or change the boundaries of an existing lot, a consent application would need to be submitted for approval.

A minor variance is a small deviation from the requirements of the Zoning By-law. The Committee of Adjustment can approve a minor variance if it meets the following tests:

1. It is minor in nature.

2. It is desirable for the appropriate development or use of the land.

3. It maintains the general intent and purpose of the Zoning By-law and the Official Plan.

A severance is the creation of one or more new lots from an existing lot. The Committee of Adjustment can approve a severance if it meets the following tests:

1. The land to be divided is large enough to accommodate the new lots.

2. The new lots meet the requirements of the Zoning By-law and the Official Plan.

3. The severance is desirable for the appropriate development or use of the land.

If you are a property owner or developer who wants to apply for a minor variance or severance, you will need to follow a specific process.

Step 1: Pre-Application Consultation - Before submitting an application to the Committee of Adjustment, it is recommended that you have a pre-application consultation with City staff. This will help you to better understand the requirements of the Zoning By-law and the Official Plan, and ensure that your application meets the necessary tests.

Step 2: Submit an Application - Once you have completed your pre-application consultation, you can submit your application to the Committee of Adjustment. Your application must include a completed application form, a detailed site plan, and other supporting documentation.

Step 3: Public Notice - Once your application has been received, the City will provide public notice of the proposed development. This may include posting a notice on the property, sending notices to adjacent property owners, and publishing the notice in a local newspaper.

Step 4: Committee Hearing - The Committee of Adjustment will hold a public hearing to consider your application. At the hearing, you will have the opportunity to present your case and answer any questions from the Committee and members of the public.

Step 5: Committee Decision - After considering your application and hearing from all parties, the Committee of Adjustment will make a decision on your application. This decision can be appealed to the Local Planning Appeal Tribunal (LPAT).

If you are interested in participating in the Committee of Adjustment process, there are a few ways you can do so:

1. Attend the public hearing: The public is welcome to attend Committee of Adjustment hearings and observe the proceedings.

2. Submit comments: You can submit written comments to the Committee of Adjustment before the hearing. Your comments will be considered by the Committee when making their decision.

3. Speak at the hearing: If you have concerns or objections to the proposed development, you can request to speak at the hearing. This will allow you to present your case to the Committee and respond to questions.

The timeline for the Committee of Adjustment process in Toronto can vary depending on a number of factors. Typically, the process takes approximately 8-12 weeks from the time the application is submitted to the Committee of Adjustment. This timeline includes the following steps:

1. Pre-application consultation: This step is not mandatory, but it is recommended. It typically takes 1-2 weeks.

2. Application review: Once your application is submitted, it will be reviewed by City staff to ensure that it meets the requirements of the Zoning By-law and the Official Plan. This step can take up to 3 weeks.

3. Public notice period: The City is required to provide public notice of the proposed development, which includes posting a notice on the property, sending notices to adjacent property owners, and publishing the notice in a local newspaper. This notice period typically lasts for 2-3 weeks.

4. Committee hearing: The Committee of Adjustment will hold a public hearing to consider your application. The hearing typically takes place 4-6 weeks after the public notice period has ended.

5. Committee decision: After the hearing, the Committee of Adjustment will make a decision on your application. This decision will be communicated to you in writing within 5 business days.

It's important to note that this timeline can be affected by a number of factors, including the complexity of your application, the number of objections received, and the availability of the Committee of Adjustment.

The Committee of Adjustment is a quasi-judicial tribunal that operates independently of the City of Toronto. Its decisions are based on the evidence presented at the hearing and the applicable policies and regulations. While there is no guaranteed way to win an application, there are some steps you can take to increase your chances of success:

1. Understand the requirements: Before submitting your application, make sure you understand the requirements of the Zoning By-law and the Official Plan. This will help you to ensure that your application meets the necessary tests.

2. Seek professional advice: Consider hiring a professional planner or architect to assist you with your application. They can help you to prepare a strong case and ensure that your application meets the necessary tests.

3. Engage with the community: If your application is likely to have an impact on the community, consider engaging with the community early in the process. This can help you to address any concerns or objections before the hearing.

4. Prepare a strong case: At the hearing, you will have the opportunity to present your case to the Committee of Adjustment. Make sure you prepare a strong case that addresses the applicable policies and regulations and highlights the benefits of your proposal.

5. Respond to objections: If there are objections to your proposal, be prepared to respond to them. Consider addressing the objections in your presentation and be prepared to answer questions from the Committee of Adjustment.

While there is no guaranteed way to win an application, following these steps can help you to prepare a strong case and increase your chances of success.

In conclusion, the Committee of Adjustment process can be complex and time-consuming, and it is important for property owners to seek professional advice from qualified experts such as architects or planners. Having an architect involved in the process can be particularly valuable, as they can help to ensure that the proposed development meets the necessary requirements of the Zoning By-law and the Official Plan, and can prepare a strong case to present to the Committee of Adjustment. An architect can also help to address any concerns or objections from the community and provide valuable insights into the design and functionality of the proposed development. Overall, the Committee of Adjustment plays a critical role in the development process in Toronto, and having an experienced architect on board can help property owners to navigate the process successfully and achieve their development goals while contributing to the overall well-being and growth of the city.