Who can appeal
Only a property owner, or an agent acting on their behalf, can file an appeal to the Committee of Adjustment. This covers appeals against decisions on minor variance requests, consents to convey or subdivide land, and compliance with the Zoning By-law.
Common reasons for an appeal
You may file an appeal if you received a decision you disagree with. Common reasons include:
- A minor variance or consent application was refused.
- An application was approved, but you want to remove or change the conditions attached to it.
- You need an exemption from a zoning rule (such as setback distances, lot coverage, or building height) because of special circumstances or hardship unique to your property.
What the committee considers
When reviewing an appeal, the committee looks at whether the strict application of the Zoning By-law causes unnecessary hardship. They will not approve an appeal just to make a property more profitable. The committee considers:
- Whether the special circumstances causing the hardship are unique to the property.
- Whether the appeal would disrupt the intent of the Official Plan or the zoning by-law.
- Whether the request is reasonable for the use and development of the property.
How to file your appeal
Follow these steps to start your appeal:
- Complete the Notice of Appeal form. Include your property address, legal description, current zoning, and a clear explanation of the grounds for your appeal.
- Prepare two sets of site plans. Each plan must be drawn at a scale of at least 1:200, show the property dimensions, existing and proposed buildings, setbacks, and all parking or driveways.
- Submit your completed form, plans, and payment to City Hall or submit them through the Building Permits.
Fees and deadlines
Appeals must be filed within 30 days of the original decision date. If you need more time, you can write to the committee to request an extension.
The application fee is $350.00. You can pay by cash, debit, cheque, or money order. The fee may increase over time as approved by Council.
What happens at the hearing
The Committee of Adjustment meets on the third Wednesday of each month. After you file your appeal, the Secretary-Treasurer will schedule a hearing date and send you a notice.
During the hearing, you will present your case. Planning staff and neighbouring property owners may also speak. The committee members will ask questions to better understand your situation. A decision is made by a majority vote.
After the decision
If your appeal is approved, you will usually have 90 days to obtain the necessary building permits or complete the approved changes. If the appeal is denied, the original decision stands. Further appeals are only available through judicial review in limited circumstances, so you should seek legal advice if you wish to challenge the committee's decision.
Contact
For help with forms or to schedule an intake appointment, contact the committee secretary:
Farid Haddad, Secretary-Treasurer
Phone: 519-555-0143
Email: [email protected]
Location: Wrenford City Hall, 100 Mercer Street