Committee of Adjustment (CofA) and You!
It is becoming more frequent to pass a property in our community
displaying a white sign on the lawn or on the fence. You may have
thought these were advertising a local fund raiser or roof & duct
cleaning services.... Take a closer look and you'll see the City of
Mississauga logo and detail pertaining to By-Laws, square footage
measurements plus some quasi-legal sounding references to City By-Law
regulations.
This notice is actually a City of Mississauga Committee of Adjustment
notification and will contain details of a planned development. In most
cases it will contain details of a request for variance and also a
Committee of Adjustment (CofA) hearing date scheduled for the owner, his
or her agent and interested members of the community to hear or discuss
this request.
These CofA signs are posted to notify you and every one else in the
neighbourhood that construction or renovation will take place on this
site. The 'Notice A' advisory is also mailed to every owner within a
200' radius of the land in question at least 14 days before the CoA
hearing.
What part do you play?
In cases where a request has been submitted to the City for permission to carry out work that is outside the normal development permitted by the existing City By-Laws permit, a variance is requested. When you read the Notice on the property or receive a 'Notice A' letter from the City, you should consider the facts contained in that notice and whether you agree or disagree with them; whether it's a second-storey addition, a garage, or a demolition followed by a substantially larger re-build.
Do I have a say in new development?
The short answer is 'Yes you do'!
Existing City By-Laws does permit development of an existing property and many residents use this to undertake work on their homes that is both tasteful and within the regulations of the By-Laws. A request for a CofA variance or hearing is not required in these circumstances. Additionally, a demolition request may also be granted to an owner to permit a new property to be built within the guidelines contained by the existing zoning By-Laws. However, where a variance is being requested by the owner or developer to go outside the stated By-Laws, then in these cases you may decide to speak up and oppose a development.
What are the circumstances?
In some cases there may be other criteria that cause you concern and
which come into effect as a result of a planned development. If one of
these elements seems to be present, it could mean that there is a
request for a 'Minor Variance'.
In simple terms; a variance is when the builder (whether a neighbour or
a developer), wants to build something that is outside of the
restrictions set by the Official Plan and/or the zoning bylaws that
govern all building projects in the City.
The following is a short list of the type of issues that may require a
variance:
- Where the planned development is out of character with the neighbourhood (i.e: larger than the By-Law permits)
- Where the proposed work and development may shade your garden (i.e: taller than the maximum permitted height)
- Where the planned development is very close to your house (i.e: closer than the minimum side yard set-backs)
It is in these situations when a CofA hearing may be held to review the variance and resolve any neighbourhood issues. The CofA hearing at City Hall will decide if it is allowed or not.
What should I do?
Read the sign and read the letter of notice. Take the time to
understand it and ask questions. Contact the City and be sure that you
are clear on all details. If the property owner or developer has not
shared their plans with neighbours, the application can be viewed at the
Planning Department at City Hall (check the City of Mississauga web site
to access zoning By-Law details). If you are concerned that the building
will adversely affect your property value or enjoyment of your home -
now is the time to do something.
You may consider writing a letter to the City Building & Planning
department outlining your concerns at the planned development; focus
your correspondence on the variance request and your concern at this
request rather than items which are supported by existing zoning By-Law
restrictions. Write to your local Councillor to raise awareness of the
development and your concerns with it. Attend the Committee of
Adjustment hearing. The CofA process exists for everyone's interests so
plan to attend the hearing. If you have concerns but do not turn up at
the hearing, you should not be surprised that the developer or owner's
request may be approved due to an apparent lack of concern from others.
You may wish to obtain photographs of the location and attach these to
correspondence you send prior to the CofA hearing. This will provide
members of the Committee with additional visual information supporting
your thoughts. Please be aware that an employee from the Building &
Planning department will also visit the site prior to the hearing.
You may also wish to contact the Credit Reserve Association (CRA) for
additional input and support. Members of the CRA have experience from
participating in a number of CofA hearings and as your local ratepayer
association, would be happy to lend support to look out for the
interests of the community as a whole.
Contact a member of your CRA Executive www.credit-reserve.com/contact
and express your concerns to us.
For more information on the CofA, click the link below, or, copy and
paste it into your web browser: