Committee of Adjustment
Committee of Adjustment staff are available for in person inquiries on Tuesdays and Thursdays at City Hall, 225 East Beaver Creek Road.
What is the Committee of Adjustment
The Committee of Adjustment has been appointed by Council to adjudicate applications for Minor Variance and Consent under the Planning Act.
Contact us:
Courtney Cullum, Secretary-Treasurer P:905-771-2412 E: courtney.cullum@richmondhill.ca
Linda Asikis, Assistant Secretary Treasurer P: 905-747-6404 E: linda.asikis@richmondhill.ca
The Committee of Adjustment operates under the authority of the Planning Act to deal with
Minor Variances - The Zoning By-laws regulate how land and buildings are used and where buildings and structures can be located. The Zoning By-law also specifies lot sizes and dimensions, parking requirements, building heights and other provisions necessary to ensure proper and orderly development.
When a proposal does not comply with the provisions of the Zoning By-law, an owner may submit an application to the Committee of Adjustment for a minor variance. A minor variance provides relief from a specific Zoning By-law requirement, excusing a property owner from meeting the exact requirements of the By-law.
Minor Variance requests may include:
- Increasing lot coverage.
- Increasing building height.
- Reducing the number of required parking spaces in a commercial development.
Consents - The Committee of Adjustment may grant consent with respect to the following:
- New Lot
- Leases over 21 years
- Mortgage or partial discharge of a mortgage.
- Rights-of-way and easements
- Lot line adjustments
- Correction to deeds or property descriptions
Composition:
Traditionally, five citizens are appointed. Legislation requires a minimum of three.
Members Responsibilities:
- review materials filed with each application.
- conduct individual site inspections on the subject property to assess impacts the proposal may have in the surrounding area.
- attend and participate at all public hearings.
- attend and participate in orientation and training programs.
Current Committee Members
- Mustafa Master (Chair)
- Carlo DiRezze
- Dean Gossi
- Nataliya Kelbas
- Suzanne Payne
Terms of Office:
Concurrent with the term of Council, or until successors are appointed (2022-2026)
2024 Meeting Schedule | ||||||||||||||||||||||||||||||
The Committee of Adjustment meets on Thursday evenings, starting at 7 p.m. in Council Chambers at the Municipal Offices, located at 225 East Beaver Creek Road. *NOTE* If you have submitted an application by the cut-off date and all required documents are not submitted correctly, your application will not be circulated for that particular meeting date.
|
2024 Fee Schedule | ||||||||||||||||||||||||||
2024 April to December Fee Schedule - Committee of Adjustment
All fees effective April to December 2024, in accordance with By-law No. 20-24 * All Fees are Subject to Change* |
Committee of Adjustment Agendas, Staff Reports, Minutes and Decisions
Frequently Asked Questions:
What is Committee of Adjustment |
The Committee of Adjustment is a quasi-judicial committee appointed by Council. It is empowered to hear both consent applications and minor variance applications and to ensure that the intent and purpose of the Zoning By-law and the Official Plan are maintained.
|
How do I participate at a Hearing |
Hearings are open to the public and members of the public may attend hearings in-person. (225 East Beaver Creek Road, Richmond Hill, Council Chambers). Registration is not required to participate prior to a hearing. Any interested individuals can submit written and oral observations in support or against an application. Committee of Adjustment Hearings are live-streamed through YouTube and can be watched on the City of Richmond Hill’s YouTube channel Submitting written or oral comments before the hearing: Email your comments to the Committee of Adjustment by 4:30 p.m. on the day of the hearing to ensure correspondence is received by Members of the Committee. Comments should avoid issues that are irrelevant to an application, such as:
Additional Information: To obtain additional information, please contact the Committee of Adjustment staff during regular business hours or at committeeofadjustment@richmondhill.ca All submitted information becomes public. Be aware that, in accordance with the Planning Act, the Municipal Act and the Municipal Freedom of Information and Privacy Act, all information presented to the Committee of Adjustment is considered public information and can be shared with any interested individual. Information you choose to disclose in your correspondence and during the hearing, including your personal information, will become part of the public record, and shared with Committee Members, the Applicant(s) or their agent and any other interested individual. |
What are the 4 Tests of a Minor Variance |
The evaluation of "minor" is subjective and is directly related to the application at hand. Minor is not a mathematical calculation, and sometimes the reduction of a zoning standard to zero may be deemed minor in the circumstances. You should assess the impact of the variance on the subject and surrounding properties. Test #1 - Is the variance Minor? Test #2 - Is the variance desirable for the appropriate development or use of the land building or structure? Test #3 - Does the variance maintain the intent of the Zoning By-law? Test #4 - Does the variance maintain the intent of the Official Plan?
|
Notice of Decision and 20 Day Appeal Period |
If you wish to request a Notice of Decision you must submit a written request to committeeofadjustment@richmondhill.ca.
Only the Applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario land Tribunal. A "specified person" does not include an individual or community association. There is an appeal fee of $400 plus a $200 processing fee for each application. All appeals must be filled with the Secretary-Treasurer within 20 days of the notice of decision being sent for consent and within 20 days from the date of the (hearing date) for minor variances. The OLT is an independent tribunal established by the province for hearing and deciding on a variety of land use matters. If the decision of the Committee of Adjustment is not appealed, it becomes final and binding following the closing of the appeal period. For more information on the Ontario Land Tribunal and the appeal process, please visit their website at https://olt.gov.on.ca/. |
Will the Committee visit my property? |
The Committee of Adjustment members will visit the property anywhere from six days before a hearing to the day of the hearing. Property owners are not required to be home or present on the site when the members visit the property. The members do require an unobstructed access to the site (i.e. make sure gates are unlocked, walkways are clear). |
What your Arborist Report, Tree Inventory & Preservation Plan must include upon submission:
Arborist Report
- a summary of arboricultural evaluation methods used to catalogue and assess the tree(s)
- the date and time of site inspections conducted to facilitate completion of the Arborist Report
- descriptions of the tree(s) identified on the Arborist Report drawing (linked to the drawing and the corresponding tree identification numbers and tags*) including: species (scientific and common name), size (DBH), health (a general rating of poor, fair or good based on tree age, presence of disease, canopy structure, proportion of live wood, etc.), condition (a general rating of poor, fair or good based on the presence of cavities, decay, broken limbs/trunk, lean, root damage, form, etc.)
- a recommendation as to whether each tree or grouping of trees identified on the drawing should be preserved, removed or transplanted and the reason for each recommendation details as to when and how any recommended transplanting will be undertaken (including location to which the tree is to be moved, specific techniques to be used, and approximate timing of transplant) details for recommended tree preservation measures which conform to, or are consistent with, Planning and Infrastructure Details and Specifications recommendations for the maintenance and management of trees to be preserved (i.e. required pruning, fertilization or cable work).
Tree Inventory & Preservation Plan
- the surveyed location of the tree(s) for which the application is being made
- an indication as to whether the tree(s) is/are recommended for preservation, transplant or removal
- grading changes, structures and work areas/zones associated with the application the location of any recommended tree preservation measures to be installed. Show the minimum tree preservation zone of all trees being preserved on the plan.
- name, credentials and contact information (address, phone number, company name etc.) of the Arborist who prepared the report.
- name under which the application is submitted and contact information.
- municipal address of the subject property
- key map (approximate scale of 1: 10 000) in the top right corner of the drawing indicating the location of the site in relation to a larger area (at least one major intersection should be visible)
- scale of the drawing (between 1:200 and 1:1,000)
- complete legend/key
- date of preparation/submission
Refer to the City's Tree Preservation Information website.
Applying to the Committee of Adjustment:
Minor Variance Application Form and Steps for Processing |
Committee of Adjustment staff will assist with scheduling a virtual appointment to commission the Freedom of Information document after submission of a minor variance application and payment is received. Please ensure you have the following.
You must provide these details with your sketch map:
Minor Variance On-Line Application Committee of Adjustment Internal Stages of Application Processing. Step 1 – Submission After submitting your application through the on-line portal, together with payment you will receive an email confirming that your application has been received. If you do not receive a confirmation email, please email committeeofadjustment@richmondhill.ca Step 2 – Preliminary Review A review of your application will be completed by Zoning, Parks, and Heritage. This review is performed to confirm accuracy of the variances identified in your application. As a part of this review, you may be asked to provide additional information. Step 3 - Development Planning & Engineering Review Now that the zoning review is complete, your application is being circulated to all internal departments and outside agencies for review. Development Planning and Engineering staff will be reviewing your submission to determine additional submission requirements. Planning and Engineering staff will also provide feedback on potential issues and may request changes to your application. As part of this review, staff may recommend changes to your application. Our office will coordinate the information being sent between all parties to ensure your application is properly processed and kept up to date. All changes to your application must be reviewed to ensure conformity with the Zoning By-law. While this can be frustrating, staff are working to provide the applicant with a positive recommendation which may require additional time in some instances. Step 4 – Tentative Hearing Date Assigned At this stage, you are provided by email a tentative hearing date and a date to pick-up notice sign(s). *Tentative hearing dates should not be considered final as they are subject to change* Step 5 – Committee of Adjustment Staff Report On the Friday prior to your scheduled hearing our office will send the staff report by email to the owner and/or agent. The reports will also be posted on our webpage. Step 6 – Committee of Adjustment Hearing Hearings are held in-person commencing at 7 p.m. in Council Chambers, located on the first floor of the Municipal Offices located at 225 East Beaver Creek Road. The Committee requires the owner or agent to attend the meeting to respond to any questions or concerns they may have about the applications. The hearing of the application may be adjourned to another date if no one is present to represent it, or the Committee may make a decision in your absence and a re-scheduling fee may apply. Step 7 – Committee of Adjustment Decision Four days after the hearing you will be provided with a copy of the Committee’s formal decision. There is a statutory 20-day appeal period for all applications. Step 8 – Decision Final and Binding For minor variance applications, the 20-day appeal period begins after the decision is made. Once the 20-day appeal period expires, provided that no appeals were received, our office will issue a letter advising that the Committee’s decision is now final and binding.
|
Consent Application and Validation of Title Form and Steps for Processing |
Committee of Adjustment staff will assist with scheduling a virtual appointment to commission the Freedom of Information document after submission of a consent application and payment is received. Please ensure you have the following.
You must provide these details with your sketch/plan or reference plan prepared by an Ontario Land Surveyor:
Committee of Adjustment Internal Stages of Application Processing. Step 1 – Submission After submitting your application through the on-line portal, together with payment you will receive an email confirming that your application has been received. If you do not receive a confirmation email, please email committeeofadjustment@richmondhill.ca Step 2 – Preliminary Review A review of your application will be completed by Zoning, Parks, and Heritage. This review is performed to confirm accuracy of the variances identified in your application. As a part of this review, you may be asked to provide additional information. Step 3 - Development Planning & Engineering Review Now that the zoning review is complete, your application is being circulated to all internal departments and outside agencies for review. Development Planning and Engineering staff will be reviewing your submission to determine additional submission requirements. Planning and Engineering staff will also provide feedback on potential issues and may request changes to your application. As part of this review, staff may recommend changes to your application. Our office will coordinate the information being sent between all parties to ensure your application is properly processed and kept up to date. All changes to your application must be reviewed to ensure conformity with the Zoning By-law. While this can be frustrating, staff are working to provide the applicant with a positive recommendation which may require additional time in some instances. Step 4 – Tentative Hearing Date Assigned At this stage, you are provided by email a tentative hearing date and a date to pick-up notice sign(s). *Tentative hearing dates should not be considered final as they are subject to change* Step 5 – Committee of Adjustment Staff Report On the Friday prior to your scheduled hearing our office will send the staff report by email to the owner and/or agent. The reports will also be posted on our webpage. Step 6 – Committee of Adjustment Hearing Hearings are held in-person commencing at 7 p.m. in Council Chambers, located on the first floor of the Municipal Offices located at 225 East Beaver Creek Road. The Committee requires the owner or agent to attend the meeting to respond to any questions or concerns they may have about the applications. The hearing of the application may be adjourned to another date if no one is present to represent it, or the Committee may make a decision in your absence and a re-scheduling fee may apply. Step 7 – Committee of Adjustment Decision Five days after the hearing you will be provided with a copy of the Committee’s formal decision. There is a statutory 20-day appeal period for all applications. Step 8 – Condition Clearance If your approval is subject to conditions (refer to formal decision) you must satisfy these conditions before our office can issue a Certificate of Official. You will work directly with the staff/agency contact(s) listed in your decision to satisfy the condition(s). It is important to note for a consent application, the applicant must satisfy all conditions within 2 years from the date the decision was issued. It is the applicant’s responsibility to ensure that all conditions of approval have been satisfied by the deadline. Some conditions may require 3-6 months to process so it is recommended that the applicant initiate steps to complete conditions as soon as possible. The City cannot give any extensions to the 2-year deadline for completing conditions and no further follow up will be provided by our office. |
Additional Links.
Planning Act, R.S.O. 1990, c. P.13 (ontario.ca)