A Public Hearing Notice just arrived through your mail slot telling you that a neighbour has applied for approval to make changes to their property.
You feel a little overwhelmed. The technical language and diagrams presented in the Notice are difficult to understand. And you are struggling to figure out how the ‘minor variances’ requested will affect you, and your neighbourhood. They don’t seem minor at all!
You look again at the Notice ─ you have only five days to send in a submission. Yikes!
Where can you get some technical advice to help you understand the plans? Do you have time to prepare a written or oral submission? Who else should be involved? Can you take time off work to attend the hearing?
And … very importantly you like your neighbour and place a high value on your mutual relationship – this is a big reason why you love living in the PARA community! The Committee of Adjustment process seems so adversarial ─ confronting your fellow resident will be very uncomfortable.
Purpose of this Guide
The Palmerston Area Residents’ Association (PARA) has produced this Guide to help simplify the challenge ─ by equipping residents to make their views known to the Committee of Adjustment in an effective and fair-minded way.
This document is intended as a starting point — it provides a general overview of the process. Further details and tips are available by following the links listed throughout the Guide.
Note that the Guide is not intended to provide legal or planning advice. If you think you might need to hire a planner, lawyer or other professional to help, contact PARA through our website at: https://palmerstonara.org/ and we may be able to make suggestions. (PARA does not endorse any service providers.)
We are very grateful to the residents of the PARA neighbourhood who shared their experiences with us and helped to create this Guide. We deeply appreciate the expertise and valuable suggestions we received from the Federation of North Toronto Residents’ Associations (FoNTRA). And we acknowledge the generosity of the authors of documents cited in this Guide for sharing their insights.
Residents from the PARA neighbourhood and from other parts of the city report that there has been a trend over the last decade for Committee of Adjustment decisions to be adjudicated in favour of the developer. PARA’s goal is to help ‘level the playing field’ ─ to equip ordinary residents to participate effectively in the review process.
What support can PARA provide?
Tools and resources for residents
Our main role with respect to the Committee of Adjustment review process is to support the participation of individual residents by providing useful tools and resources.
Intervention
PARA may become involved in individual cases when a negative impact on the neighbourhood is foreseen. This is determined by assessing whether, in our view, the application meets the ‘four tests’ for a minor variance. (The ‘four tests’ are described in Section 2 of this Guide.) PARA will oppose applications that do not meet these tests.
Generally, PARA will not intervene in property disputes, and will not advocate for owners looking to improve or build on their property.
If you feel that a proposed development will mean a loss for the community as a whole – perhaps the loss of a structure of historical importance or a development that clashes with the character of the neighbourhood – get in touch with us at our website.
Advocating for change
PARA communicates with other residents’ associations to advocate for improvements to the application review procedure. If you have questions, comments or concerns, let us know how PARA can advocate for a better process. We welcome volunteers who are interested in becoming involved. Contact us through our website at our website.
What do all these terms mean?
Here is a list of common terms and abbreviations that are used in the planning process. The definitions
are based on documents from the City of Toronto and on the experiences of residents consulted for the
creation of this Guide. They are intended to be practical, rather than legal, in nature.
Agent
Owners may be represented by an Agent at the Committee of Adjustment hearing. In many
cases, the Agents are architects, planners or lawyers.
Application Information Centre
Online resource listing of all new and existing applications for development in Toronto; available
at: https://www.toronto.ca/city-government/planning-development/application-information-
centre/
Applicant
The Owner normally makes the application request to the Committee of Adjustment.
In some cases, the architect or designer may file the application request, and will be listed as the
Agent
Building Code
Building codes are produced at the provincial level and at the city level; they provide a set of
construction standards for buildings.
Committee of Adjustment
A tribunal of citizen members, appointed by Toronto City Council, who consider applications for
minor variances to zoning by-laws; consents to sever land or create easements or rights of way;
and expansion of existing legal non-conforming uses of properties.
Reviews applications to ensure that the four ‘tests’ set out in Section 45(1) of the Planning Act
are satisfied.
Owner
The person (or incorporated entity) who owns the subject property.Note: the term Owner will be used in this document instead of the term Applicant or Agent.
Minor Variance
This is a technical term that many residents find misleading ─ it doesn’t necessarily mean that
the changes being sought are minor in the eyes of neighbours, however this is the terminology
used in the planning process
Public Hearing Notice
A letter advising property owners within 60 metres of an Owner’s address of their proposal
requesting variances to the zoning by-laws
Toronto Local Appeal Body (TLAB)
Tribunal that decides Committee of Adjustment appeals for minor variances and lot severances
in the City of Toront
Replaced the Ontario Municipal Board (OMB) for minor variances and lot severances in 2017
Zoning By-law
Regulates land use and the placement of buildings on a lot. Including, in part:
o Land and building uses
o Building size or density
o Location of buildings and other structures on a lot
o Minimum lot sizes and dimensions, parking requirements and building height