Committee of Adjustment
What is the Committee of Adjustment?
The Committee of Adjustment reviews planning applications for Minor Variance, Consent and the expansion of Legal Non-Conforming uses. The Planning Act provides that a Committee of Adjustment may consider requests to:
- Grant relief from the provisions of any Zoning By-law, an Interim Control By-law as well as certain other By-laws as authorized by Council;
- Enlarge or extend an existing legal non-conforming building or structure; and
- Change a legal non-conforming use to one which is either similar to or more compatible with the uses permitted by the Zoning By-law.
The City of Port Colborne Committee of Adjustment consists of five (5) members appointed by Council in accordance with the Planning Act. The Committee meets to consider applications on a monthly basis. (Click here for the 2012 Committee of Adjustment Schedule).
Committee members serve a term concurrent with that of the Council which appointed them. The Committee elects a Chair who presides at Hearings. Additionally, the Committee appointes a Secretary-Treasurer, who is responsible for application processing and record keeping.
City of Port Colborne Committee of Adjustment Members:
Dan O'Hara, Chair
Gary Bruno, Vice-Chair
Councillor Bill Steele, Member
Councillor Bea Kenny, Member
Councillor Dave Elliott, Member
Heather Mahon, Secretary-Treasurer
When can a decision of the Committee of Adjustment be expected on an application?
Generally, if the Commitee has all the necessary information to fully evaluate the request at the hearing, the application is heard. A decision will be rendered at the hearing. A decision is not final until twenty (20) days has lapsed and provided that no appeal has been filed with the Secretary-Treasurer.
Rights of Appeal
What rights of appeal do I have?
As a last resort, a decision on a Minor Variance or Consent (or any of the conditions of consent) can be appealed to the Ontario Municipal Board (O.M.B.) but only if the objector is:
- The applicant; or
- A person who asked, in writing, to receive noice of the decision.
Your appeal must be filed within twenty (20) days of the date of mailing of decision with the Secretary-Treasurer of the Committee of Adjustment. Written reasons supporting your objection and payment of the O.M.B. fee for an appeal ($125.00) must be included.
An appeal to the O.M.B. is a serious matter requiring considerable time, effort and in some cases, expense on the part of everyone involved. A hearing can be as brief as a couple of hours if it involves only a few witnesses and only one or two planning issues. In more complex situations involving a number of adversaries, or a complex planning application, the hearing could stretch over several days, sometimes even weeks.
For more information on the Ontario Municipal Board, please visit their website at: http://www.omb.gov.on.ca/english/home.html
For more information regarding the City of Port Colborne's Committee of Adjustment please contact:
Secretary-Treasurer, Committee of Adjustment
Ph. 905-835-2901 ext 205
Fax: (905) 835-2939
Email Heather Mahon