Who Will Review the Minor Variance Application?

The Committee of Adjustment reviews and approves Minor Variance applications. The Committee is composed of 5 members of Council and the Mayor who sits on the Committee as a non-voting member. The Committee meets twice per month, generally on the second and fourth Wednesday of the month.

How Will the Meeting Be Run?

1. All applicants and persons wanting to speak to an application are asked to wait outside the meeting room until their application is called.

2. The Chair of the Committee will announce the application.

3. A staff member will provide an overview of the application as well as any staff recommendation.

4. The Chair will ask the applicant if he/she has anything to add to the staff presentation of the application.

5. The Chair will ask the audience if they have anything they wish to state regarding the application.

6. The Chair will ask other members of the Committee if they have any questions for staff or the applicant.

7. The Committee may continue to review the application in the open meeting along with the applicant or close the public meeting to continue the discussion.

8. The Committee will not make a decision during the public meeting. Generally a decision will be made at the end of the meeting but the Committee has up to 10 days according to the Ontario Planning Act to make a decision.

Criteria Used by the Committee to Review a Minor Variance application:

The following criteria were developed by the Ontario Municipal Board and are used by municipalities throughout Ontario to review Minor Variance applications:

1. Is the application in conformity with the general intent of the Township’s Official Plan?

2. Is the application in conformity with the general intent of the Township’s Zoning Bylaw?

3. Does the application represent a reasonable use of the property?

4. Does the application represent the minimum relief required from the Bylaw?

How Will Staff Review Your Application?

Staff of the Development Services Department will review your application and provide a recommendation to the Committee. The Committee is not obliged to follow this recommendation but will consider the recommendation along with all other information presented by the applicant, members of the public, as well as their own knowledge of the site.

Staff review includes:

· Visiting the site since each site is unique. Unique aspects of the site such as topography, environmental features, neighbouring buildings, other buildings on the site, location of hydro corridors, location of septic system, etc will be looked at.

· Review of the application to determine conformity with the Zoning Bylaw and the Official Plan

· Comparing the application to other similar applications reviewed by the Township.

· Reviewing information received from outside agencies, mainly the Conservation Authorities and Parks Canada.

How Can You Alter Your Project To Receive A Positive Staff Recommendation?

1. Design your project to only be as large as you absolutely need.

2. Reduce the variance you are asking for to the least amount of relief necessary.

3. For waterfront applications

i. Position the new building or addition as far from the water as the size of the lot will allow.

ii. Consider removing small sheds, decks, or other structures that may already be located within the 30 m setback to offset the impact of the new construction.

iii. Always attempt to ensure that the septic system is located outside of the 30m setback if your site will only allow either a dwelling or septic system to fit into that area. Septic systems are generally a higher priority to locate 30m from the water.

iv. For small lots, consider building a second floor instead of a larger one floor building footprint as this will usually allow greater setbacks from the water and side lot lines. It also reduces the overall environmental impact to the site and the water.

v. Limit the size of decks. Decks can have as significant an impact on water quality as buildings and should be limited in size if possible.

vi. Consider upgrading your existing septic system in order to show a net environmental gain on your property.

Other Suggestions:

1. Always meet with a Planner in the Department prior to applying. Staff can identify any issues and give you guidance on how you should proceed.

2. Keep in contact with the Planner working on your application and provide any information requested in a timely manner.

3. Contact the Planner on the Friday prior to the meeting to get a copy of the staff report and recommendation for your application.

4. It is highly recommended that you attend the meeting to answer questions from the Committee.

5. Contact the Planner the day following the meeting for an update on the Committee’s progress in making a decision.

Application Fees

All fees must be submitted at the time of the application being submitted in order for the application to be considered complete. The fee for a Minor Variance is $525. If a combined Minor Variance and Site Plan Control application is being submitted, the fee is $780. For applications adjacent to a waterbody or a significant environmental feature, review by either the Cataraqui Region Conservation Authority or the Rideau Valley Conservation Authority is required. The fee for their review is $210 (CRCA) or $290 (RVCA) and must submitted with a separate cheque at the time of application.

Other Frequently Asked Questions

1. How can I find out if my application will be approved before I make an application?

The Committee of Adjustment is the only body that can give an approval. Staff are available to review the application prior to the submission of an application. Staff will provide as much guidance as possible based on their knowledge of the Township’s planning documents, the history of Committee decisions on similar applications, and the circumstances of the individual property. Applicants should be advised that while staff have a good understanding of the Township’s regulations and policies and how the Committee has reviewed similar applications in the past, it is not always possible or advisable for staff to be absolutely confident of how successful an application will ultimately be.

2. When do I need to have my application in to get on an agenda?

Generally 20 days prior to the meeting is sufficient to allow notices to be sent to your neighbours and staff to review the application. During the summer peak months a delay of one meeting may occur.

3. What is my recourse if the application is denied or I am dissatisfied with the conditions of approval?

An appeal to the Ontario Municipal Board within 20 days of the decision is your recourse. Contact staff to find out more about how to make an appeal or visit the Ontario Municipal Board’s website at www.omb.gov.on.ca .

4. How is the fee determined?

Council sets the fee schedule each year. The fee is set based upon a calculation of staff time, mileage to travel to the site, Committee member stipends, file storage costs, notices sent to adjacent property owners, and general administration of the process.

5. How long is my variance good for?

The variance does not expire. It will also run with the property if it is sold.

6. Can someone else besides the owner apply for a variance?

Yes, as long as the owner signs the application, anyone can act as the agent with the approval of the owner.

7. Who has the right to appeal a variance decision to the Ontario Municipal Board?

Only those people who speak at the public meeting or provide a written request to the Secretary Treasurer of the Committee to be notified can appeal, in addition to the applicant. The Conservation Authority, who comments on all waterfront related applications, also has the right to appeal the decision.

8. If a neighbour speaks against my application at the meeting will it automatically be denied?

No, the Committee in reaching its decision will consider input from the applicant, members of the public, staff, and their own knowledge of the site and the area. It is encouraged however for applicants to speak to their neighbours about their project beforehand to avoid issues and concerns arising during the public meeting.

9. Will there be conditions placed upon my variance approval?

It is common for multiple conditions to be placed on an approval, depending upon the individual circumstances. Common conditions include replanting of native trees and shrubs along the shoreline, the movement of hydro lines (which should be coordinated with Hydro One), reduction of the building footprint to fit the site, and the upgrading of an existing septic system to meet the current Ontario Building Code.

10. Where can I find the regulations and restrictions for my property?

The Township Zoning Bylaw is the most important document and regulates all land use in the Township. It can be viewed at www.twprideaulakes.on.ca/development/zoning-bylaw.html Paper or CD copies can be purchased at the Department of Development Services. The Township Official Plan may also be used during the review of a Minor Variance application. It can be viewed at www.twprideaulakes.on.ca/development/official-plan.html Paper or CD copies can be purchased at the Department of Development Services.

11. Will a staff planner visit my property prior to an application being submitted to assess the possibilities of having a Minor Variance approved?

The Development Services Department strives to provide such a service dependent upon other workload priorities. Staff would prefer that potential applicants understand how staff and the Committee may review an application and this is often best done through a site visit prior to an application being submitted. Please be reminded though that while staff have a good understanding of the Township’s regulations and policies and how the Committee has reviewed similar applications in the past, it is not always possible or advisable for staff to be absolutely confident of how successful an application will ultimately be. A site visit will be done upon submission of the application in any case.

Common Misconceptions:

1. All the other properties in my neighbourhood are built this way so I should be able to build in this location as well.

Township zoning bylaws are often changed to reflect new Provincial regulations or to reflect different views on how the Township should be developed. Other properties may have been approved under different bylaws using different planning policies.

2. No one will be able to even see my building and it won’t affect any of my neighbours.

The Township receives nearly 100 variance applications per year, which does not include the hundreds of other inquiries that do not become official applications. The Committee is committed to being consistent in its decisions and interpretations of its bylaws. All properties are reviewed using the same criteria.

TOWNSHIP OF RIDEAU LAKES

MINOR VARIANCE CHECKLIST

Completed Application Form

Sketch to Scale to Include:

· Title, location, name of owner, north arrow, and scale

· Accurate plan of the entire property drawn to scale, with all lot dimensions

· Location and size of existing buildings and structures, including setbacks and yard distances

· Location and size of proposed buildings and structures, including setbacks and yard distances

· Location of existing or proposed septic system and well

· Location of entrance driveway and existing rights of way/easements

· Location of proposed landscaping and significantly treed areas

· Existing and proposed drainage patterns (discuss with Planner)

· Uses of adjoining properties

· Locations of all natural and artificial features such as roads, wetlands, and watercourses

Township Fee of $525

Conservation Authority Fee of $210 (CRCA) or $290 (RVCA)

Plan of Survey (may be waived)

Copy of Property Deed

Copy of Septic Permit or Comment from Township Septic Inspector

Landscape Plan (may be combined with Sketch)

Floor Plans and Building Elevations (discuss with Planner to determine if necessary)

Additional Information – Please List Below

NOTE: Full size drawings may be submitted but in all cases the drawings must be submitted 11x17 or smaller for copying purposes and one copy no larger than 8.5x14 to be attached to the decision.