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Town of LaSalle Official Plan

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Note: Due to its large file size, right-click the link and choose Save Target As to save to your PC.

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Committee of Adjustment

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The Malden Road Transportation, Public Safety and Urban Design Improvement Project

Town of LaSalle NYU - NYMTC "Smart Growth, Smart Transportation April 2006 Presentation

Development Standards Manual and New Zoning By-Law Regulations to Implement the Approved Bouffard and Howard Secondary Plan

Basement Flood Handbook 2009 (pdf)

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Committee of Adjustment

The Planning Act sets out the responsibilities and statutory requirements pertaining to a Committee of Adjustment.  In the Town of LaSalle, the Committee of Adjustment has been assigned the responsibility for presiding over and making decisions, minor variances and non-conforming use applications.

In carrying out these assigned duties the Committee shall be guided by the policies of The Town of LaSalle Official Plan and the regulations and development standards contained within the implementing Zoning By-Law.

*Note - March's Meeting has been changed to Monday, March 22.

 

Committee of Adjustment Schedule for 2011
Meeting Date Application Cut-off Date Last Day for Appeal
January 18th December 19th Feb 7 (MV) & Feb 8 (CON)
February 15th January 23rd March 6 (MV) & March 7 (CON)
March 14th February 21st April 3 (MV) & April 4 (CON)
April 18th March 26th May 8 (MV) & May 9 (CON)
May 16th April 23rd  June 5(MV) & June 6 (CON)
June 13th May 22nd July 3 (MV) & July 4 (CON)
July 18th June 25th Aug 7 (MV) & Aug 8 (CON)
August 15th July 23rd Sept 4 (MV) & Sept 5 (CON)
September 19th August 27th Oct 9 (MV) & Oct 10 (CON)
October 17th September 24th Nov 6 (MV) & Nov 7 (CON)
November 14th October 22nd Dec 4 (MV) & Dec 5 (CON)
December 19th November 26th Jan 8, 13 (MV) & Jan 9, 13 (CON)

Consent Applications

In Ontario there are two approval processes that can be used to create new parcels of land: a Draft Plan of Subdivision or a Consent to Sever Application.

When assessing the merits of individual consent applications the Committee considers the following:

  • conformity with the Official Plan (eg. permitted land use, maximum density allowed, servicing, etc.);
     

  • comments and recommendations from local and provincial agencies affected;
     

  • the size, shape and orientation of the lots being proposed and the location of any existing buildings and structures (eg. will it provide a suitably sized building lot and maintain the required yard separations);
     

  • the location of existing and proposed driveways (eg. visibility, sight lines, impact on traffic and turning movements);
     

  • availability and adequacy of municipal infrastructure and services (including sanitary sewage treatment capacity, storm drainage, water supply, etc.);
     

  • environmental constraints (eg. floodways, contaminated soils, noise from railways, shoreline erosion, etc.)
     

  • comments and recommendations from Town Staff (eg. Department of Planning and Development Services., Engineering Dept., etc.)

Where the Committee is of the opinion that the Consent to Sever Application conforms to the applicable Official Plan policies and favourable comments and recommendations are received regarding the above-noted considerations, consent in principle can be granted with conditions attached.

The Applicant has one year to satisfy all of the conditions imposed by the Committee.  Should the conditions not be satisfied, the approval in principle lapses and the Consent Application is deemed to have been refused.

Where the conditions are satisfied, the Secretary-Treasurer of the Committee of Adjustment stamps the new deed or provides a Certificate of final approval.  The Applicant must then register the stamped deed or Certificate at the local land registry office.

If the Applicant is not satisfied with the decision of the Committee or with one or more of the conditions imposed they may appeal the decision of conditions to the Ontario Municipal Board.

Consent Applications for lot addition, right-of-ways and easements would follow a similar review and approval process.

View/download the Consent Application form (pdf).

Minor Variance Applications

A property owner who is not able to meet one or more of the regulations and/or development standards as prescribed by the Town’s comprehensive Zoning By-Law, may apply to the Committee of Adjustment to obtain relief from one or more subsections of the municipality’s Zoning By-Law.

In many instances the relief sought is as a result of the location of existing buildings and structures that may have been built prior to the adoption of the current edition of the Zoning By-Law.  It is often found that during the construction of new buildings or additions that a contractor makes an error and the new building or addition encroaches into a required yard.  Other minor variance applications result from the uniqueness or shape and size of the property affected.

When evaluating the merits of a Minor Variance Application the Committee must apply the following four tests:

  • Does the Application conform to the general intent and purpose of the applicable Official Plan policies?;
     

  • Does the Application maintain the general intent and purpose of the applicable Zoning By-Law regulation or standard? (this test requires an understanding as to the nature and purpose of the regulations in effect as adopted by Council);
     

  • Will the relief that is being applied for result in an appropriate development of the subject property?;
     

  • Is the Application minor in nature? (minor does not mean a mathematical calculation, but is assessed on the basis of the impact that the requested change would have on abutting land (eg. would an adverse impact be created as a result of the approval, and if it will have an adverse impact, it should not be viewed as being minor in nature?)
     

  • Before granting approval to a Minor Variance the Committee must satisfy itself that all four tests can be met.  If an appeal is made to the Ontario Municipal Board, the board consistently uses these four tests in determining whether or not a minor variance should receive approval, and includes reference to same in all decisions.

The Planning Act also allows a Committee of Adjustment to grant approvals for an expansion or an extension to a non-conforming land use. The Committee should be guided by the Council adopted land use policies pertaining to such Applications.  The Official Plan provides the relevant policy direction in this regard.

The Minor Variance Application process is not intended to be used to add new land uses to the list of permitted uses.  Such changes are major in nature and are dealt with as a Zoning By-Law Amendment which is reviewed and approved by Council.

View/download the Minor Variance Application (pdf).

 

Department of Planning and Development Services
5950 Malden Road
LaSalle, Ontario
N9H 1S4
Phone: 519-969-7770  Fax: 519-969-9852
 

Last updated April 02, 2012.  For questions or comments regarding this site email: webmaster@town.lasalle.on.ca