Town of Grand Bay-Westfield

Planning Department

INFORMATION FOR

APPLICANTS OF VARIANCES OR DISCRETIONARY USES

A Variance or permitted Discretionary Use is an adjustment to a by-law regulation with respect to a particular parcel of land. The authority of the Planning Advisory Committee to grant Variances and Discretionary Uses is contained in the Community Planning Act. The Planning Advisory Committee is appointed by Town Council. The Committee's authority is discretionary, and a request can be refused. The following guideline can be used in completing the attached form for an application for approval of either a Variance or Discretionary Use and be submitted to the Development Officer with an accompanying fee of $45.00.

Introduction:

The Zoning By-law provides standards for the development of land, buildings or structures within the Town. The majority of property development within the Town will satisfy these standards. However in some cases there are circumstances, which are peculiar to a property, which may prevent an owner from developing it in a manner that meets all of the applicable standards. In most cases it is possible to request a variance. The procedure for consideration of a variance is set out below.

A variance provides relief from the specific requirements of the Zoning By-law in order to allow an owner to follow through with his proposal and obtain a building permit or other applicable approval/permit. Unlike a zoning amendment, commonly called rezoning, a variance does not change the existing By-law standard, but it permits the specific development to proceed.

The Planning Advisory Committee also strives for consistency in its decisions, by reference to previous parallel or similar situations where a variance was granted or denied. The Committee usually meets every two weeks.

Process for applying for a Variance:

The Community Planning Act generally sets out procedures for consideration of a variance. The Planning Advisory Committee will use the following process for considering a variance. The total time to complete a variance differs, depending on notification and Committee meeting schedule. As a minimum it will take three to four weeks to complete a variance application.

1.The process begins when an owner seeks to subdivide or build on a parcel of land and the staff at the Town’s office finds that all required standards cannot be met. An application for a variance is then made by the owner. Staff, on behalf of the Committee, will then send a letter to area property owners seeking their views and advising where and when the application will be reviewed by the Planning Advisory Committee.

2.Information is gathered from other agencies and departments and a report is prepared by staff concerning the proposal. The report and any applicable correspondence received from the area property owners is available to the applicant prior to the Planning Advisory Committee meeting where the item is considered.

3.Planning Advisory Committee holds a public meeting to consider the application at a place and time as set out in the letter. The Committee considers the staff report, written submissions, and presentations by neighboring property owners, the applicant and other individuals. If the Committee feels that it has sufficient information it votes on the application and approves or denies the variance. In granting the variance the Planning Advisory Committee can impose conditions related to the approval.

4.Variance decisions of the Planning Advisory Committee are not referred to Council however; the Committee may require the owner to enter into an agreement to ensure compliance with any imposed condition, in which case Council will be asked to authorize execution of the agreement.

Role of the Planning Advisory Committee in considering a Variance:

The Planning Advisory Committee considers the requested variance at a public meeting. The Committee reviews the staff report and written submissions and hears presentations by neighbouring property owners, by the applicant and by other individuals.

Although the Committee is empowered to consider variances to the standards set out in the Zoning By-law, there is a practice of identifying the intent of the standard, and examining the proposed variance to determine if it will satisfy this intent.

The power of the Committee to grant a variance is also limited to being reasonable and being desirable for development of the land in question.

The following criteria or guidelines are usually considered with respect to a variance application, and should be addressed in the attached application form:

1.The applicant should be able to demonstrate that there are practical difficulties in complying with the By-Law regulation, and that the circumstances which create those difficulties are peculiar to the property.

2.It should be shown that the regulation(s) for which a variance is sought prevents the applicant from making reasonable use of the property while still conforming to the intent of the By-Law.

3.The necessity for the variance should not be one of convenience or of monetary gain, but rather one of hardship.

4.The variance should be minor in nature, given the circumstances.

5.A variance should not be granted that will not be in the public interest or that negatively affects another private interest (which conforms to the By-Law).

6.A variance should not be granted to circumvent a regulation or policy that is considered to be inappropriate. Only Council has the authority to change by-laws.

Role of Applicant in requesting a Variance:

The applicant is responsible for preparing the variance application, complete with sufficient relevant property and development information to enable staff to analyze and make a recommendation to the Committee. The applicant or agent or representative should appear at the Committee meeting to speak in favor of the application and to answer questions. Once the variance has been granted the applicant may seek permit approvals.

Should an application be denied by the Planning Advisory Committee, the applicant may not resubmit an application that has been previously denied or is substantially the same matter previously refused by the Committee.

If the Planning Advisory Committee denies the requested variance, the applicant may appeal to the Provincial Planning Appeal Board within sixty days of the refusal.

An appeal may be made if the applicant believes that the refusal to grant the variance:

  • resulted from unreasonable use of powers mentioned in paragraph 34 (4) (c) of Community PlanningAct;
  • resulted from misapplication of the Community PlanningAct or By-lawenacted under the Act;
  • would cause special or unreasonable hardship not subject to alleviation under section 35 of the Act (similar & compatible use or regulations under section 34 (3)(a);
  • would cause special or unreasonable hardship not subject to alleviation under section 46 of the Act (desirable for the development of the land for subdivisions in accord with the general intent of the by-law);
  • where the alleviation was unreasonably refused.

Types of Standards that can be varied:

  • minimum size and dimensions of lots;
  • standards for development of subdivisions;
  • standards for commercial excavation;
  • maximum number of dwelling units in an apartment building;
  • height, number of stories and ground or floor area of buildings;
  • percentage of land that may be built upon;
  • depth, size or area of yards, parking areas and open space;
  • size, location and height of accessory buildings such as utility or storage
  • buildings or garages;
  • placement, height and type of fences, walls, and hedges;
  • types, dimensions and location of driveway access to streets;
  • parking and loading facilities;
  • location, dimensions and purpose of signs;
  • setback of buildings in relation to sewage lagoon and watercourse or riverbank.

NOTE:YOU MUST PROVIDE A DRAWING WHICH WILL ILLUSTRATE YOUR PROPOSAL. YOU MAY WISH TO INCLUDE PHOTOGRAPHS. THE PLAN MUST INCLUDE THE MEASUREMENTS OF THE PROPERTY DIMENSIONS OF ALL BUILDINGS, INCLUDING PROPOSED BUILDING OR STRUCTURE. IT IS IMPORTANT THAT THE DRAWING SHOW THE DISTANCES BETWEEN THE PROPERTY LINES AND EXISTING AND PROPOSED BUILDINGS OR STRUCTURES. YOU ARE ALSO INVITED TO ATTEND THE PLANNING ADVISORY COMMITTEE MEETING OF , AT WHICH TIME YOUR APPLICATION WILL BE DISCUSSED.

APPLICATION FOR VARIANCE or DISCRETIONARY USE

PLEASE PRINT OR TYPE

1.Name of Applicant

2.Telephone No. Home Business

3.Mailing Address Postal Code

4.Name of Property Owner

(If different from Applicant)

Telephone No. Home Business

5.Mailing Address

Postal Code

6.If Applicant is not owner, Explain

7.Civic Address, or describe location of property for which variance or discretionary use isbeing requested.

8.What variance is being requested?

9.Describe what you propose to do. State what the land, building or structure is to be used for.

10.Explain why you cannot carryout your proposal without obtaining a variance. (See information Circular)

11.How do you think your proposal will affect other properties?

12.Has the Owner previously applied for a variance in respect of this property? YES  NO 

If the answer is yes, explain.

Signature of Applicant

Date

NOTEIF APPLICANT IS NOT THE OWNER, SIGNATURE OF OWNER AUTHORIZING THE APPLICANT TO SUBMIT THIS APPLICATION TO THE PLANNING ADVISORY COMMITTEE IS REQUIRED.

Signature of Owner

(If not Applicant)

Date

For Office Use Only

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Application fee paid:

Application Approved: Application Denied:

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