Minutes and Agendas
Committee of Adjustment
What is the Committee of Adjustment?
The Committee of Adjustment reviews planning applications for Minor Variance, Consent and the expansion of Legal Non-Conforming uses. The Planning Act provides that a Committee of Adjustment may consider requests to:
- Grant relief from the provisions of any Zoning By-law, an Interim Control By-law as well as certain other By-laws as authorized by Council;
- Enlarge or extend an existing legal non-conforming building or structure; and
- Change a legal non-conforming use to one which is either similar to or more compatible with the uses permitted by the Zoning By-law.
The City of Port Colborne Committee of Adjustment consists of five (5) members appointed by Council in accordance with the Planning Act. The Committee meets to consider applications on a monthly basis.
Committee members serve a term concurrent with that of the Council which appointed them. The Committee elects a Chair who presides at Hearings. Additionally, the Committee appoints a Secretary-Treasurer, who is responsible for application processing and record keeping.
Committee of Adjustment
WHEREAS pursuant to Subsection 53(1) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, a Council may upon an application, give consents under Section 53 of the Act if satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality;
AND WHEREAS pursuant to Subsection 54(1) of the Act, the Regional Municipality of Niagara has indicated that it will be delegating the authority for the giving of consents under Section 53 to the Council of the Corporation of the City of Port Colborne effective on the day that the Region delegates the authority to the City of Port Colborne;
AND WHEREAS pursuant to Subsection 54 (2) of the Act, where authority is delegated to Council under subsection (1), such council may, in turn, by by-law delegate the authority to a Committee of Adjustment;
AND WHEREAS pursuant to Subsection 44(1) of the Act, if a municipality has passed a by-law under Section 34 or a predecessor of such section, the Council of the Corporation of the City of Port Colborne may by by-law constitute and appoint a Committee of Adjustment for the municipality.
The Council of the Corporation of the City of Port Colborne hereby assigns the said Committee of Adjustment the authority to:
(1) Grant minor variances pursuant to Subsection 45(1) of the Act;
(2) Grant applications pursuant to Subsections 45(2) and 45(3) of the Act.
(3) Give consents under Section 53 of the Act, which is deemed to include the giving of approval to the foreclosure of or exercise of a power of sale mortgage or charge (subsection 50 (18) of the Act) and the issuing of certificates of validation (section 57)
City of Port Colborne Committee of Adjustment Members:
Dan O'Hara, Chair
Gary Bruno, Vice Chair
Angie Desmarais, Member
Donna Kalailieff, Member
Eric Beauregard, Member
For more information regarding the Committee of Adjustment please contact:
Secretary-Treasurer, Committee of Adjustment
Ph. 905-835-2901 ext 205
Email Heather Mahon