The owner of a property or any person authorized in writing by the owner who has been denied a Building Permit, a Zoning Certificate, an Occupancy Permit, or is unable to comply with the provisions of the Zoning By-law may apply to the Committee of Adjustment by means of an Application for Minor Variance for relief from the Zoning By-law.
Minor Variances may be granted provided that, in the opinion of the Committee, the request is minor in nature, is desirable for the appropriate development or use of the land, building or structure and if in the opinion of the committee, the general intent and purpose of the Zoning By-law and the Official Plan are maintained. The Committee of Adjustment is composed of five members, who are appointed by City Council for the term of the appointing Council. The authority of the Committee of Adjustment is set out in the Planning Act (Provincial Statute).
Appeals - Section 45
Appeal Rights
- The Applicant:The person or entity who applied for the approval.
- The Minister:The Minister of Municipal Affairs and Housing.
- Registered Owner:The registered owner of the land to which the application applies.
- Specified Public Body or Person:A person or public body with a demonstrated interest in the matter who submitted oral or written comments to the municipality or approval authority before a decision was made.
To appeal you must register on e-file at olt.gov.on.ca/e-file-for-public-users/#how to and create your profile.
Appeal to be filed with:
Secretary-Treasurer
Committee of Adjustment
Planning Division
Civic Centre – Level 5
99 Foster Drive
Sault Ste. Marie, ON P6A 5X6
The fee for an appeal to the Local Planning Appeal Tribunal is $400.00 for the primary appeal and $25.00 for each related appeal. To be paid by certified cheque or money order, in Canadian funds payable to the Minister of Finance. The administration fee payable to the City for processing an appeal is $150.00 + HST. The application fee and administration fee are payable at the time the application is submitted.
Appeals
Note: Before you prepare and submit your application to the Committee of Adjustment, it is strongly recommended that you consult with the Building Division regarding zoning, and the Public Works and Transportation Department if street frontage or setbacks from streets are affected.
The Conservation Authority and the Algoma Health Unit may require that an application review fee be paid if the property is situated within an area under their control. Please contact the appropriate authority if applicable.
General Information
What happens once an application is submitted?
The Committee of Adjustment staff then prepares a Notice of Hearing, which among other things describes the details of your requested variance and the date, time and place of the Public Hearing. A public notice sign is placed on the subject lands, as well the notice is mailed to every owner within 30m (100 ft.) of the subject property for single unit residential properties and within 60m (200 ft.) for any other zoning designation at least ten days in advance of the Committee Hearing.
A notice is also distributed to various City Departments, Members of Council, other outside agencies, the property owner and the authorized agent (if any).
What happens at the hearing?
At the hearing you or your authorized agent will be required to make a verbal presentation of your case to the Committee. Presentations may also be made by any other interested parties in support of or in objection to your application. The Committee considers all presentations for and against your proposal and renders a verbal decision in the presence of all interested parties at the time of the Public Hearing. An approval of your application may be subject to such conditions and/or restrictions, as the Committee deems appropriate.
If an individual wishes to receive a copy of a Committee decision their request must be in writing. A form titled Request for a Copy of Decision is available at the Hearing or by written request. To find out more about a particular application, call for an appointment to visit the office and review the application with the Secretary-Treasurer.
A formal record of the Committee’s decision will be sent to the applicant or authorized agent and all persons that requested a copy of the decision within ten days from the date of the hearing. At the end of the twenty-day appeal period, if there has been no appeal filed, the decision will become final and binding and a notice to this effect will be issued. (note: if a permit is not issued while the referenced by-law is in effect the approval expires).