Tweet

CLICK HERE TO DOWNLOAD THE MINOR VARIANCE APPLICATION FORM


Contact Information:
Carrie Honey, Secretary-Treasurer
905-871-1600 ext. 2508


When is a Minor Variance Required?

A minor variance or permission to construct is necessary if you wish to obtain a building permit to construct, renovate, or alter a building in a way that does not meet the requirements of the Town's Zoning By-laws. For example, if you wish to build an addition to the rear of your house that comes as close as 20 feet to your rear lot line, and the Zoning By-law requires that you have a rear yard of 25 feet, then you would have to apply for a "minor variance" from the By-law. A minor variance is also necessary if you wish to expand or change a use that is considered “legal non-conforming”.

How Do I Apply for a Minor Variance?

Application forms are available in the Planning Department at the Town Hall at
1 Municipal Centre Drive, Fort Erie. Before making your application, we recommend that you speak to a staff member in the Planning Department for their comments on your proposal. Since the Planning Department provides the Committee of Adjustment with comments on applications, it is best to work with them to alleviate any potential problems that may arise.

To make an application for a minor variance, you must submit the following to the Planning Department:

1) The application form completed in full.

2) 1 copy of a sketch (8.5” x 14”), drawn to scale, showing the full extent of the property and how you propose to develop the lands. (Please note, this is not a survey, but rather a preliminary sketch). Our experience has been that more professionally drawn sketches, such as those drawn by a surveyor or a planner, provide more accurate information and as a result, expedite the process.

3) Appropriate application fee to cover the costs of processing the file(s).


Costs Involved:

*$784 for residential property, or $1558 where building permit not applied for.
*$1,042 for multiple residential, commercial/industrial property, or
*$2,074 where building permit not applied for.

A cheque (made payable to Town of Fort Erie) or cash is accepted by staff when you submit your completed application, and a receipt is issued to you. In addition, should your application be subject to review by the Niagara Peninsula Conservation Authority, an additional fee of $325 or $645 is required. This fee is applicable to properties near a waterbody/water course or lands designated “hazard”. Also, if there is a Regional Interest, a review fee of $225 (inside urban boundary) or $575 (outside urban boundary includes septic inspection) is required. Please consult with planning staff to see if your application is subject to this fee. ($350 for septic inspection w/o any other Regional interest)

*Includes $10.00 surcharge for Lot Identification Poster


The Committee of Adjustment:

The Town of Fort Erie has established a COMMITTEE OF ADJUSTMENT to deal with such applications as the example previously outlined in this brochure, as well as other requests for permission to construct buildings, or permit uses, which do not meet certain By-law requirements. The Committee is made up of seven members, appointed by Town Council to serve a four year term.

The function of the Committee of Adjustment is to review the application, staff and agency comments on applicable planning policies and regulations, information provided by the applicant, as well as the input of any neighbours. As part of their review of this information, the Committee must satisfy themselves that the minor variance will not have a negative impact on the surrounding area, and is truly a MINOR request for change

Minor variances or permission to change or expand legal non-conforming uses can be granted when the Committee feels that the general intent of the Zoning regulations is being maintained. Anything not considered "minor" must proceed through the Zoning Bylaw Amendment process, which is directly handled by Town Council.


How Long Will I Have To Wait?

A verbal decision is given to you the night of the hearing, unless the Committee feels it needs further information before making a proper decision. A written decision will be sent to you within 10 days from the hearing date. The Committee's decision is subject to a 20 DAY APPEAL PERIOD, during which time anyone, including yourself, who is not satisfied with the decision may lodge an appeal with THE ONTARIO MUNICIPAL BOARD. If no appeals are received within the 20 day period, the Committee's decision is then considered final.


What Can I Do If The Committee Does Not Approve My Application?

You have the right to appeal the Committee's decision to the Ontario Municipal Board. The appeal must be filed with the Secretary/Treasurer of the Committee of Adjustment within 20 days of the date of the decision, who will forward the appeal to the OMB. An appeal to the Ontario Municipal Board must be accompanied by a fee of $125.00 payable to the Minister of Finance. If an appeal is received, the entire matter is taken out of the Committee's jurisdiction, and the Ontario Municipal Board then arranges for a new hearing, which may take up to six months to schedule. The decision of the OMB is considered final.


The Various Steps in the Process:

1) Applicant submits application to the Planning Department, including a sketch and the appropriate processing fee and review fees of other agencies.

2) Planning Department staff process application and circulates notice to prescribed agencies and neighbours at least 10 days prior to Hearing. Applicant posts lot identification signs to assist those conducting site inspections.

3) Town staff reports and any other agency or public comments sent to applicant prior to Hearing.

4) Committee of Adjustment Hearing - proposal and all reports reviewed by Committee. Applicant and other parties may make presentation to Committee. Decision made.

5) 20 day appeal period

6) If not appealed and if approval was given, applicant must fulfill any conditions of approval prior to the issuance of a building permit.

7) If appealed – sent to Ontario Municipal Board, who will hold a new Hearing.

Minor Variance is complete.


For more information please contact:

Carrie Honey, Secretary-Treasurer

The Town of Fort Erie
Committee of Adjustment
1 Municipal Centre Drive
Fort Erie, Ontario L2A 2S6
Telephone: (905) 871-1600 ext.2508
Fax: (905) 871-6411
Email: choney@forterie.on.ca