The process - before you visit (or if you're not sure you need to submit to the) COA, you will need to take the following steps...
1. Preliminary Project Review
Usually, your architect will submit a PPR (Preliminary Project Review) to identify all the variances to the Zoning By-law required by your proposal.
2. Neighbour Discussions
Once you determine the variances that you'll need to overcome at the COA hearing, it is strongly recommended that you discuss your proposal with adjacent residents in order to address or alleviate concerns that may affect the resolution of your application. You may also wish to contact the Ward Councillor to discuss your proposal with him/her.
3. Submission of Application
The next step is for your architect to submit the application. A bit of a warning, COA hearings do accept a limited number of applications, so you may be bumped 15-30 days depending on how busy the sessions are.
4. Posting of Public Notice Sign
Once you hear back from the City with a hearing date, you will be required to post a sign in a prominent location on the property and visible from the street for 10 days prior to the hearing.
5. Committee of Adjustment Hearing
At the Hearing, the Committee will introduce your item. As an applicant, either you or someone appointed by you, will have an opportunity to present your proposal. Any person having an interest in your application will be invited to identify themselves and given an opportunity to make their views known.
To approve any Minor Variance, the Committee of Adjustment must be satisfied that:
- The proposal is appropriate for the development of the land and/or building.
- The general intent and purpose of the City's Zoning By-law is maintained.
- The general intent and purpose of the City's Official Plan is maintained.
- The variance requested is minor.
The Committee makes its decision through a detailed review of all material filed with your application, letters received, deputations made at the Public Hearing and the results of site inspections.
6. Committee of Adjustment Decision
The Committee of Adjustment will usually decide on your proposal at the Hearing. The applicant and all persons making a written request will be notified in writing of the Committee's decision within 10 days of the decision being made.
The Committee may also choose to adjourn the Hearing to a later date. If so, the Committee may either set a specific date for the item to be heard again or may defer it until such time as specific stipulations are met (i.e., a neighbourhood meeting is held or revised drawings are submitted). If this is the case, you must contact City staff once the stipulations have been met and a new Hearing date will be established. Should this result in a revision to the variance(s) being requested, a new Notice of Public Hearing may be required.
There is an appeals process, but frankly, if you get there, you'll need a lot more information that this short description of the process! :-)
7. Building Permit Application
Once the 20 working day appeal period is over, you can apply for your building permit and get prepared to build!
