Committee of Adjustment

What is a Minor Variance Application?

A Minor Variance Application is a request through the Committee of Adjustment for permission to make changes to your property such as a driveway widening, enlarging an existing building, or constructing a new structure that does not meet the zoning by-law's requirements.

You may also need to apply for a minor variance if you are proposing extensions, enlargements or variations of existing legal non-conforming uses under the Zoning By-law.

Criteria used to evaluate the Minor Variance Application

For Planning staff to recommend approval to the proposed Minor Variance Application, it must meet the following four criteria:

• Does it meet the intent of the Town's Official Plan?
• Does it meet the intent of the Town's Zoning By-law?
• Is it minor in nature?*
• Is it appropriate?

*Note: Minor in nature does not always mean the percentage of variance from what the Zoning By-law requires. Case law demonstrates that minor in nature means it will not have any adverse impact to the surrounding area.

When do you need a Consent Application?

You need a Consent Application to:

• Subdivide an existing lot to create a new lot(s) – often refer to as “severance”
• Require legal access onto your neighbour's property – often refer to as “easement”. There are many types of easements some of the more common easements are:

• Right of Way: you need to share or use a portion of your neighbouring driveway; or
• Utility maintenance: where permission is required to gain access through your neighbouring property to maintain a utility.

• If you want to sell or mortgage a portion of your land, obtain a mortgage, or lease that extends for 21 years

Committee of Adjustment Process

Typically, the Committee of Adjustment (COA) process takes about two months to complete. Planning staff will need to notify the public and the commenting agencies a month ahead of the meeting. After the decision by the COA, there is another 20 days to allow anyone to appeal the decision of the COA.

For more information on the application process, please view the Minor Variance & Consent Application process flow chart. This document is available in other formats, please contact Planning staff to request.

What is a Preliminary Zoning Review?

Prior to making any application to the Committee of Adjustment, you must complete a Preliminary Zoning Review (this document is available in other formats, please contact Planning staff to request) for both Minor Variance and Consent applications. The Zoning Review will identify the exact variances and consent details being applied for. The review is subject to a review fee which can be made payable to the Town of East Gwillimbury.

Application Forms

Once you have completed your application form, please contact the Committee of Adjustment for next steps.

• Preliminary Zoning Review Form
• Minor Variance Application Form
• Consent Application Form

These documents are available in other formats, please contact Planning staff to request.

How do I appeal the decision of the Committee of Adjustment?

You may appeal the Committee of Adjustment's decision to the Local Planning Appeals Tribunal.

Please contact staff for more details and the cost associated with the appeal.

The Appeal Forms are available on the Ontario Land Tribunal's website.

Register to participate in an electronic hearing

Committee of Adjustment hearings are conducted virtually. To participate in the meeting, you must pre-register in advance.

Submit your registration to participate via email. Attach any materials you wish to include in your presentation to the email.

You must send your registration email no later than noon on the day of the meeting. We are unable to accept registrations after the deadline.