The City of Toronto has prepared an easy-to-read brochure “Getting to Know the City of Toronto Committee of Adjustment”. This booklet, and a more technical document outlining the committee’s rules and procedures, can be accessed through the Committee of Adjustment website.
Role of the Committee of Adjustment
The Committee of Adjustment consists of citizen members, appointed by Toronto City Council, who consider applications for minor variances, permissions and consents. Our local neighbourhood is served by the Toronto & East York (TEY) panel which meets, in-person or virtually, approximately every two weeks.
The mandate of the Committee is strictly defined. Its purpose is solely to review applications to ensure that the ‘four tests’ set out in Section 45(1) of the Planning Act are satisfied. All other matters (for example, parking permits, property line disputes, fencing, construction) are beyond its scope.
The four tests
A requested variance can be approved, if it is in accordance with the following:
- The variance is minor
- The change must be minor in both size and impact
- The change must be desirable and appropriate
- The change must be desirable for the appropriate development of the site itself and neighbouring lands
- Meets the general intent of the zoning by-law
- The change must meet the general intent and purpose of the zoning by-law, such as trying to maintain appropriate relationships between buildings, allowing for green space or providing a certain level of parking
- Meets the general intent of the Official Plan
- The change must fit in with the City’s planning directions including respecting and reinforcing neighbourhood character
- The Official Plan provides policy directions with respect to privacy and overlook conditions. While there are no by-laws specific to privacy and overlook, the Committee will work to address your concern.
To approve an application, the Committee of Adjustment must be satisfied that:
- The proposal does not substantially increase the usability of the property.
- The proposal does not adversely affect the surrounding properties or neighbourhood in general.
- Any change of use is either similar to the existing use or more closely related to the uses permitted in the Zoning By-law.
The Committee makes its decision at the public hearing, after reviewing all material filed with the application, letters received, deputations made at the hearing, the results of site inspections, and staff reports.
How will I be informed about an application for minor variance?
When a minor variance is requested, the City will mail a Public Hearing Notice to all owners of land within 60 metres of the subject property at least 10 days prior to the scheduled hearing date. The notice will also be provided to any party requesting a copy.
In addition, the City stipulates requirements for notices to be posted by the owner on the property at least 10 days before the hearing.
The Public Hearing Notice contains details of the proposal and identifies the variance(s) being requested. A site plan is included which illustrates the foundation of a new or extended dwelling situated within the boundaries of the lot plan.
