Committee of adjustment

The Committee of Adjustment (COA) is the decision-making body for minor variance and consent applications submitted to the Town. The committee is made up of five citizens who are appointed by the Council, and two Councillors. This committee hears submitted applications and votes to approve, deny or defer applications.

Minor variances

A minor variance is an application process that allows property owners to seek permission to make minor changes to the Zoning By-law to accommodate alterations and developments on their property that do not conform to the in-effect Zoning By-law.

Minor Variance applications may include but are not limited to requests seeking relief from the building setbacks, building height, parking provisions, driveway width, coverage and accessory structure floor area.

Example: The maximum permitted height for a dwelling is 10.0 m. The proposed altered dwelling is proposing a height of 10.5 m.

Minor variances requests are expected to be minor in magnitude and meet the below 4 tests.

A minor Variance must meet the 4 tests under the Planning Act:

  1. Does the application meet the intent and purpose of the Official Plan?
  2. Does the application meet the general intent of the Zoning By-law?
  3. Is the proposal desirable for the appropriate development of the lands, building or structure and
  4. Is the variance requested minor in nature?

See Schedule 'F' of the Town's General Fees and Charges By-law, item 10.e 

1. Apply for a ‘mandatory’ Preliminary Zoning Review (PZR). The PZR provides the Town’s Zoning Examiner with an opportunity to confirm what minor variances and information is necessary to conform to Zoning By-law. The provided PZR Notice will identify required variances needed to complete the Minor Variance Application Form. The PZR form and fee form can be sent by email, or in person at the Development Services and Planning counter located at Town Hall (111 Sandiford Drive).

2. Complete and submit the Minor Variance Application and Required Materials. A ‘deemed complete application’ must include at minimum:
- Completed Preliminary Zoning Review
- Completed Minor Variance Application Form. All application fields must be accurately completed, and the document must be commissioned (the document can be commissioned by Town front desk staff).
- A detailed site plan including all necessary dimensions and measurements (metric).
- Minor Variance Fee payable by credit card authorization form or cheque. Please see Fees and Charges By-law for current fees. Note that requests solely for expansion into the ENV zone may be eligible for reduced fee if no other variances are required.

3. Supplementary Submission Materials
- Cover letter: Staff strongly encourage inclusion of a short cover letter outlining the request, why it is desired by the owner, how it meets the 4 tests, and any other relevant supplemental information for consideration of the Committee.
- Note: If the subject property is located within the Town’s Environmental Zone (ENV) a minor variance is required. If the proposal expands into natural heritage features (commonly tree removal) or hydrological features (commonly wetlands) evaluation may require submission of a ‘Natural Heritage Evaluation’ or associated materials to ensure expansion will not adversely affect the ecological integrity of the Oak Ridges Moraine Plan Area. This material will typically be required to deem an application complete, as such applicants are encouraged to contact Staff ahead of time if sited in the ENV zone.
- Other materials on occasion may be requested if deemed necessary to evaluate an application.

4. Submit a Complete Minor Variance by ‘Material Submission Deadline’ for Minor Variances
- Please see COA Planning Schedule for dates. ALL materials and application forms must be submitted to the Town’s Development Services Department by this date to be deemed complete and allow Staff to meet and administer statutory timelines.
- Staff encourage applicants to submit early and communicate with Staff early on in the monthly cycle to discuss the application and seek assistance as it relates to ensuring application completeness. Additional resources to assist applications in completing application fields can be found below.

5. Preparing for the Meeting
- Once your application has been confirmed for the monthly meeting Staff will circulate the request to internal and external agencies and all neighbouring property owners in a 60m radius of the subject lands for comments for consideration by the committee.
- Additionally, please be aware that notification signage must be posted on the property for 10 days before the meeting. The Clerks Department will contact the Owner or Applicant when signage is available for pick up with instructions. The Owner will be responsible for installing the signage and emailing photographic evidence and confirmation form back to Staff. The signage should be installed outside and clearly readable from the street.

6. At the Meeting

The Committee Chair will announce the application and a representative will be expected to give a brief request overview and be available to answer any questions the Committee may have. After the Committee discusses the item, the Committee will make a verbal decision on the floor.

7. Following the Meeting

There is 20-day appeal period. During this period the sign must remain on the property. After the period lapses the Owner can remove the sign. Shortly after this time, provided no appeal is received, the Clerks Department will share a document confirming the final and binding decision to the Owner. Once this is received, assuming approval, the Owner may apply for Building Permits.

Consents and land severances

Committee of Adjustment is authorized by Council to grant consents. A consent approval enables certain transactions to occur relating to the subdivision of land. These transactions most commonly include:

  • the creation of a new lot (land severance).
  • adding land to an abutting lot (lot line adjustments, lot additions and lot extensions);
  • establishing rights-of-ways and easements over 21-years (easements);
  • corrections to deeds or property descriptions (such validation of title).

Please note that prior to submitting a consent application a pre-consultation is mandatory.

Land Severance, also known as Land Division or Consent, is the division of land to create new parcels of land.

Land Division may include :

  • the creation of new building lots
  • boundary readjustments
  • registration of easements on land in excess of 21 years

Generally, when more than three lots are proposed, a Plan of Subdivision application is required.

See Schedule 'F' of the Town's General Fees and Charges By-law for fee information.

For further information please see the Consent Application web page.

Normally, new lots are created through approval of an application of a plan of subdivision. When only one or two lots would be created, and no road is required, a full subdivision application may not be necessary.

In Stouffville, prior to making an application, it is important to complete your due diligence and consider whether there are any infrastructure constraints (such as water allocation limits) or policy constraints (such as Oak Ridges Moraine Conservation Plan, Greenbelt Plan, Official Plan) that may prohibit residential lot creation.

Some considerations in evaluating whether lot creation is appropriate include the following:

  1. Is the proposal premature?
  2. Is the land suitable for the proposal?
  3. Are the dimensions and shape of the lots and resulting lot being created appropriate?
  4. Are there adequate utilities and municipal services?

See Schedule 'F' of the Town's General Fees and Charges By-law, item 10.a

1. Apply for a pre-consultation meeting.

2. Apply for a ‘mandatory’ Preliminary Zoning Review (PZR). The PZR provides the Town’s Zoning Examiner with an opportunity to confirm what minor variances and information is necessary to conform to Zoning By-law. The provided PZR Notice will identify required variances needed to complete the Minor Variance Application Form. The PZR form and fee form can be sent by email, or in person at the Development Services and Planning counter located at Town Hall (111 Sandiford Drive).

3. Complete and submit the Consent Application and Required Materials. A ‘deemed complete application’ must include at minimum:
- Completed Preliminary Zoning Review Notice;
- Completed Consent Application Form. All application fields must be accurately completed and the document must be commissioned (the document can be commissioned by Town front desk staff).
- Detailed Site Plans including all necessary dimension and measurements (metric).
- Please refer to Schedule A on the Application form for expected level of detail
- Consent fee paid by credit card authorization form or cheque. Please see Fees and Charges By-law for current fees, schedule G. 

4. Supplementary Submission Materials
- Cover letter: Staff strongly encourage inclusion of a short cover letter outlining the request, why it is desired by the owner, how it meets the 4 tests, and any other relevant supplemental information for consideration of the Committee.
- Other materials on occasion may be requested if deemed necessary to evaluate an application.

5. Submit Complete Consent Application by ‘Material Submission Deadline’ for Consents
- Please see COA Planning Schedule for dates. ALL materials and application forms must be submitted to the Town’s Development Services Department by this date to be deemed complete and allow Staff to meet and administer statutory timelines.
- Staff encourage applicants to submit early and communicate with Staff early on in the monthly cycle to discuss the application and seek assistance as it relates to ensuring application completeness. Additional resources to assist applications in completing application fields can be found below.

6. Preparing for the Meeting
- Once your application has been confirmed for the monthly meeting Staff will circulate the request to internal and external agencies and all neighbouring property owners in a 60m radius of the subject lands for comments for consideration by the committee.
- Additionally, please be aware that notification signage must be posted on the property for 14 days before the meeting. The Clerks Department will contact the Owner or Applicant when signage is available for pick up with instructions. The Owner will be responsible for installing the signage and emailing photographic evidence and confirmation form back to Staff. The signage should be installed outside and clearly readable from the street.

7. At the Meeting
The Committee Chair will announce the application and a representative will be expected to give a brief request overview and be available to answer any questions the Committee may have. After the Committee discusses the item, the Committee will make a verbal decision on the floor.

8. Following the Meeting
There is 20-day appeal period. During this period the sign must remain on the property. After the period lapses the Owner can remove the sign. Shortly after this time, provided no appeal is received, the Clerks Department will share a document confirming the final and binding decision to the Owner. Once this is received, assuming approval, the Owner may apply for Building Permits

How to accelerate the process of application submission

  1. Ensure the Application is complete
    • Ensure all required fields are completed
    • Ensure plans and/drawings are attached and meet the requirements mentioned in Schedule A on the Application form

  2. Responsiveness
    • Staff may request additional information or changes to the proposal via email as part of the internal review process necessary to deem an application complete.
    • Where possible, it is recommended that you provide a response as soon possible. Please note that an application must be in final form to Staff satisfaction by the Confirmation of Complete Application Deadline as shown on the schedule to be placed on the associated meeting date.

  3. Required Studies and Reports
    • Staff or external agencies may require additional studies and reports in order to complete the review of the application depending on the variances that are being requested.

Frequently asked questions

Legal descriptions can be found on the property tax bill  and a number of documents including your survey, purchase of sale agreement, PIN abstract, and others. An additional website which frequently assist in determining your legal description is the Ontario Land Registry Access website.

You can find the zoning of your property by using the Town’s Interactive Zoning Map
You can find detailed zoning Information in the Towns Comprehensive Zoning By-law
This consists of information regarding permitted uses and regulations.

You can find the Official Plan Designation on the Town of Whitchurch – Stouffville Official Plan Schedule “B” Land Use and Transportation Plan. Your search may lead you to further investigate a Secondary Plan Area to identify the designation. Should you require assistance please contact Planning Staff.

The Sworn Declaration portion of the application can be completed at Town Hall by a commissioner at 111 Sandiford Drive. 

There are a number of online services to locate a property survey, such as Protect Your Boundary.

A tentative hearing date can be provided when the application has been submitted by the Complete Application Deadline and deemed complete by Staff.

Please refer to Schedule A on the Application form for expected level of detail of drawings.

Accessible formats available upon request. Contact 905-640-1900 or customer.service@townofws.ca for assistance.
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