Committee of Adjustment

What is the Committee of Adjustment?

The Committee of Adjustment is a quasi-judicial decision-making body consisting of five members appointed by Council to consider applications for Consent (to sever land), applications for minor variances from the Zoning By-law, and any other variances specified under the Planning Act R.S.O 1990.

Applications to the Committee of Adjustment are processed in accordance with the requirements of Sections 45 and 53 of the Planning Act R.S.O 1990, applicable regulations (O.Reg. 200/96 and 197/96 as amended), the Statutory Powers Procedures Act and applicable provincial and municipal policies (ie. Provincial Policy Statement, Official Plan, etc). The Committee has the same powers as Council in considering and approving requests for Consent and Minor Variance.

Consent for Land Severance is the process required to divide a property into a smaller number of lots (usually less than 5 lots on a Municipal Street).

Consents approved by the Committee include:

• New lot creation
• Lot addition or lot line change
• Consent to mortgage
• Consent to lease
• Consent to create a shared right-of-way.

In evaluating applications for Consent, the committee must consider:

• Conformity with the policies of Provincial policies, plans and regulations
• Conformity to the policies of the Official Plan
• Compliance with the Zoning By-law or, where a Minor Variance is applied for, maintaining the intent of the Zoning By-law
• The appropriateness of the size and configuration of the proposed lot for the land use
• Availability of access to and frontage on a municipal road
• The adequacy of water and wastewater services
• The location and characteristics of the property
• The conservation and protection of natural resources
• The impact upon the current and future use of surrounding properties

Minor Variances

The Zoning By-law regulates 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.  Minor Variances are intended to address small, technical changes to the Zoning By-law, and provides relief from a specific Zoning By-law requirement, excusing a property owner from meeting the exact requirements of the By-law.

The Committee must ensure that the variances, if approved, satisfy the following:

• Generally maintains the intent and purpose of the Official Plan or Secondary Plan where applicable
• Generally maintains the intent and purpose of the Zoning By-law
• Is considered to be a "minor" change from the zoning requirements
• Is desirable for the appropriate development or use of the land, building or structure

Examples include:

• Small reductions in front, side and rear yard setbacks for buildings, pools, decks, etc.
• Small reductions in minimum lot coverage requirements for a home or accessory structure
• Small reductions in parking spaces mandatory for businesses

Please note that significant adjustments to the Town of Cobourg's Zoning By-law require a Zoning By-law Amendment.

Citizen's Guide to Consent and Minor Variances

The Planning Department has prepared a guide to assist in the completion of an application for Consent or Minor Variance. The application process may take approximately 4 to 6 weeks for a Minor Variance, and 9 to 12 weeks or more for a Consent, depending on the applicant meeting all of the conditions of Consent approval.

Please contact the Planning Department at (905)372-1005 to obtain a copy of this guide.