What to Expect When You're Expecting to Go to the Committee of Adjustment

Since 2007, I’ve probably appeared at the Committee of Adjustment 100 times, and have sat through hours of hearings waiting for my item to come to the floor.? Most of these hearings have been in Toronto and North York, but I’ve also been to Etobicoke, Scarborough, Oakville, Richmond Hill, and other Jurisdictions.? With this blog post, I hope to pass on some of what I’ve learned.

Your lot and the Committee

For everyone who comes to me with a lot on which they would like to build, one of the first things I will do is a Zoning Analysis, looking at what the permissions of the zoning by-law allow.? The unfortunate truth in the City of Toronto – and in many other jurisdictions - is that the zoning by-law doesn’t accurately reflect the existing character of our Neighbourhoods, what homeowners and developers want to build, or, indeed, what City of Toronto, or local planners actually consider appropriate infill housing and redevelopment.? As a result, most landowners looking to build a new home, or undertake a serious renovation, will wind up needing to go to the Committee of Adjustment.?

Uncertainty

An important thing to realize about going to the Committee is that there is always an element of uncertainty.? The most reasonable thing – asking for, for example, something exactly similar to something that was just approved in a similar lot on your block, can be turned down by a different committee that has a different take on the issues, or sees, for some reason, your project in a different light.? On the other hand, proposals to which the local councilor, immediate neighbours, the neighbourhood association, and commenting city staff all, simultaneously, object, get unanimously approved.

Even with this uncertainty, you have the ability to substantially increase your chances of getting approved.? Here are some basic strategies:

• Regardless of the numbers in the variances you are seeking, the ‘impact’ that your proposal has should be broadly compatible with both what the zoning by-law allows, and with what is found in the established fabric of your neighborhood.?? You and your architect shouldn’t put forward anything you can’t defend with conviction.? That doesn't necessarily mean you have to scale down your vison for your property, but that it you should have a property compatible you’re your vision, and that what you put forward should be well designed.
• Reach out to your neighbours, particularly the lots immediately adjacent to yours.? The public hearing notice will be mailed to properties within 60m – 200’ – of your lot, and anyone can come to the hearing to speak.? But your immediate neighbours have the most at stake.? Don’t start by getting lost in the details of the variances, but explain the house that you want to build, what it will look like, and how it reflects your needs.? It isn’t necessary to get everyone’s approval – you shouldn’t build your dream home by committee!? But having at least undertaken the outreach to understand other’s concerns shows well.? And at least you can be prepared with an understanding of what opposition you may face.
• Make sure you or your architect find out the planner who will be advising the committee on your project, and reach out, early, to address questions and concerns that they may have.? Often, concerns can be addressed with small changes, or simply by explaining the context and considerations that have influenced the design.

What is the Process Leading up to the Hearing?

• Design

It would seem to be intuitive that first, a design team would find out what can be built on a lot, and then create a design.? Given the disconnect between the Zoning by-laws, and what is being built, that process is reversed through most of Toronto – first, you must come up with a complete design for a house.? Only then can a homeowner ask for permissions required to build it.

Unless you have a very large lot, attempting to design a house which will be ‘as-of-right’ is likely to be an exercise in frustration.? Instead, your designer should – with an eye to what is prevalent in your neighbourhood - ?develop with you a design for your house which meets your needs, vision, and lifestyle.

At the same time, take steps to ensure that the design being developed is likely to be approved at the Committee of Adjustment.? I do this by looking at the footprint of your home as it relates to the neighboring homes, and the presence on the street of the proposed design, compared to the existing homes which currently define the character of the neighbourhood.? Through the City of Toronto, it is also possible to do a ‘research request’ of all of the Committee, OMB, and TLAB decisions from recent years within a 500m or 1,000m radius.? This can give me, and you, an idea of what is being approved in your area.

The schematic design package that I will develop includes everything that is required for the zoning approval process.? That is: a site plan, floor plan of each level and a roof plan, and all of the elevation views of the house.? If you are going to want to have accessory buildings such as a cabana, those need to have plans and elevations which fully describe the basics of the building.? Plans at this stage show the developed layout of the house, with all of the rooms – it is my practice to develop a vision for the interior design at this point, as well, and lay out all of the furniture, although this is not required for committee – but structural, mechanical, lighting, or ceiling design is not required for the Zoning approvals process.? Almost as important as all of these is a rendering of the house from the street.? Of course, you want to know what your house will look like – so will everyone else.? If your neighours and the committee understand that your are bringing an attractive house to the streetscape, most will be supportive.?

• Zoning Review

At the outset, I will do a zoning review of your lot to determine what is allowed as of right.? As the design develops, this will inform the direction of the proposal.? ?It is important to also send the developed design into the City for a ‘Zoning Certificate’ review.? In 2024, the Zoning Certificate review fee for a house is $595.77.? The Zoning Certificate review is an integral part of the City of Toronto building permit process – no building permit application is considered complete without a Zoning Certificate.? If changes are made during later in the process, the city will update the zoning review a maximum of three times.? After the Committee process, Toronto Buildings will issue the Zoning Certificate itself – a document certifying that, with the final committee decision, the proposal complies with Toronto Zoning and other applicable laws.

The zoning certificate review typically takes between 2-4 weeks.? It is possible to submit a ‘waiver’ and ask for approval based on a list of variances we prepare.? Generally, I don’t recommend this approach, as there are ambiguities in the Zoning by-Law which mean that the rules aren’t black and white, but subject to interpretation – and the City’s own interpretation of the rules has been known to shift!? If the city conducts the review prior to committee, the same reviewer is generally responsible for the permit review.? As well, the zoning certificate review will be required prior to permit, and as it will be required at any rate, it is best to start it at the outset of the process.?

The zoning review will determine the areas in which the proposal does not comply with the Zoning by-law.? Each difference (‘non-compliance’) identified will be a ‘variance’ from the Zoning by-Law which you will be requesting permission for at the Committee of Adjustment.

I am very experienced in the subtitles of the City zoning by-law, and always thoroughly check the city review to see if anything was missed by the city reviewer that may become an issue further into the process.

• Preparing for the Committee Hearing

With a design and a zoning review, we can make an application for a Committee Hearing.? The Committee fee is $4,194.08 in 2024 for a detached house, duplex or triplex - $5,428.19 for a fourplex - ?and is adjusted annually.? Wait times for hearings are generally longest in the Former Toronto, where, at the time of this writing, they can be 2-3 months.? In the former North York and Etobicoke, 6-8 weeks is more typical.

When your file reaches the Committee of Adjustment, there is an Application Technician assigned to the file, who will be responsible for the file though the Committee process.? Their information is available on the Planning Application Portal – see the resources section at the bottom.? The Application Technician will be the point source for follow up for you – as well as neighbours who have questions, and for city staff.

The city will circulate your application to various parties.? Toronto Water may look at it if you have a basement garage, traffic services may comment on proposed curb cuts or driveway variances.? The two major commenters at this phase are Community Planning, and Forestry.

An urban planner from Community Planning will look at your project to see if, in their opinion, it is appropriate, using the same criteria that the committee will use.? It is important to note, however, that although Community Planning can advise the Committee, they cannot make a decision on your file.? Only the Committee of Adjustment Panel that sits at the Public Hearing has the power to approve or deny the requested variances to the Zoning by-Law.? Planners generally won’t give a staff report to the Committee if they don’t have concerns about a proposal.? If they do submit a staff report, it will be to recommend refusal of one or more variances, or to recommend that conditions be applied to a decision. They might say, for example, that if a variance for the front to back length of a house is approved, that the house be built ‘substantially in accordance with the site plan submitted’ so that the variance can only be used for the design that the Committee is evaluating.? If the planner does have concerns, we will discuss them with the planner, and if necessary, provide rationale or research to support the reasonableness of our design.? Often, if they have a concern about a variance which is numerically big, but seems appropriate in context, suggesting that a condition be applied to ‘shrink wrap’ the appropriate design is a successful strategy.? If adjustments can be made to the house, or the way it is sited on the lot, I often try and make small changes to bring planning on side – although I am always ready to make the case to the committee, with or without planning support.

Urban Forestry will visit your site, to determine if there are private trees, city trees, or trees within the ravine system that are on your lot, or within six meters of your lot.? If there are, forestry will ask the Committee to impose a condition that you submit a complete application to injure or remove those trees prior to getting a building permit.? If there is no street tree, forestry may (or may not) make it a condition that a street tree be planted.? Issues of tree removal can be an issue later in the process – if your proposal will injure a neighbour’s tree or a boundary tree, you will generally need your neighbour’s consent.? The local councilor’s office may be asked to review the proposed removal of a city tree.? The Committee of Adjustment does not get involved in these issues, but almost always limits itself to imposing the condition that the applicant deal with forestry on addressing tree issues.? In 2023, the Committee made it an application requirement that any application to the committee include an inventory of all the trees on the site – and within 6.0m of the site.? This inventory needs to include tree size, regulated protection zones, and a site plan showing where all of the trees are.

If your lot is in a ravine, it is ‘Ravines and Natural Feature Protection’ which will comment on your file.? If your lot is in an area regulated by the TRCA they will also be circulated for comments.? The TRCA will charge a fee – currently, $660 for a house – to comment to the committee.? If your lot is regulated by the TRCA, you may need confirmation from them about the regulated features (top of slope, flood line) in order to get an accurate zoning review.

The Committee of Adjustment will send a ‘Notice of Hearing’ to every home within a 60 meter radius – about 200 feet - of your lot.? This notice will include all of the variances you are seeking, the front elevation (fa?ade) of your house, and the proposed site plan of your lot.? You will also have to post a sign on your property 10 days prior to the hearing.

Although the Variances Listed in the notice of hearing mean something to us, as architects, and to Toronto Buildings, when they review your project, to most people they are meaningless, confusing, or, worse, alarming.? Most people have trouble connecting the variances listed in the notice to an image of the house that they are permitting.? That is why, prior to the notice being sent in the mail, it is always a good idea to approach your neighbours and give them an idea of the house you intend to build.? I always prepare a colour site plan, showing neighboring houses, so setbacks from the street, the maintenance of the street line, and landscaping are easy to explain.? I will also always prepare a rendering of the front of the house, so people can clearly understand the vision for – and quality of - the house that is proposed.? No matter what variances are proposed, the question on people’s minds is – ‘What is the house that is going be built here going to look like?’? And, if they are an immediate neighbour, ‘How is it going to affect me?’.? I find that, most of the time, when the house is explained to the neighbours, they have no trouble supporting the variances necessary for its construction.

You should, if you are comfortable doing so, walk though the immediate area, at least of neighbours who will get a notice, and be prepared to explain what you are looking for.? I will prepare a package both of the rendering, site plan, and, if appropriate, elevations of the house, as well as talking points to discuss what is being sought.? If you would prefer not to ‘door knock’ I will prepare a letter with the site plan, rendering, and a discussion of what is being sought.? This letter will include an invitation for neighbours to call me directly with comments or concerns.? I’m always available to meet with neighbours to discuss a project – better prior to the hearing, than on the floor at the committee!? If you suggest something – say, a privacy screen – to address their concerns, one way to seal the deal is to say that you will ask the committee to make it a condition of an approval decision that that item be included in the final design.? Doing so gives assurance to the neighbour that you will follow through.? It also gives the committee the assurance that they are taking steps to address the concerns of neighbours that are being brought to them.

In terms of neighbourhood support – it is always best to have your immediate neighbours – both on the sides, and to the rear - on side.? If you can get them to sign a ‘letter of support’ or a ‘letter of non-objection’ from these neighbours.? Having more letters from the wider area always helps make the case that you have been proactive reaching out to the neighbourhood, and that your proposal isn’t controversial – but definitely having the immediate neighbours is the most important.

If there are neighbours with concerns, I am are available to sit down and talk with them, or have a call with them, to walk them through the design, and the variances.? For immediate neighbours, sometimes small adjustments - or agreements on elements such as fencing or a privacy screen – are agreed upon. ?Landscaping can make neighbours supportive, or not object.? When I design a house, we always make a design which we think will stand up to scrutiny and pass at Committee – so you don’t have to change your dream, to accommodate an unreasonable neighbour.? Opposition, however always adds uncertainty to the outcome, so it is always best to try and work out concerns amicably, rather than having a zero-sum conflict in front of the Committee – and possibly TLAB or the OLT.? I also let neighbours know about past projects I have designed,, where they can see my work – letting your neighbours know that they are going to get a house from a long established architect, with a history of designing beautiful homes that are built by quality builders, always helps.

Finally, prior to the Committee hearing I always prepare a letter, discussing all of the variances, and why I feel that they are reasonable.? I send this into the application technician, so it will be available on the city website.? It will also be circulated to the members of the Committee panel prior to the hearing, so at the outset of the hearing they will have had the chance to familiarize themselves with the reasons for our variances.? I also prepare a presentation for the Committee, the contents of which vary depending on the proposal – but which can include a study of nearby variances, or of the property data of nearby homes, shadow studies, the site plan highlighting the requested variances, a rendering of the street fa?ade, plans and diagrams comparing the proposal to an ‘as-of-right’ house, a photomontage of the streetscape with the proposed fa?ade inserted, photos of other houses in your neighbourhood that are comparable to what is being proposed.

What Happens at the Hearing?

• Preliminaries

A schedule of items to be heard at one sitting will be published online prior to the hearing, and will be available at the hearing itself.? At a hearing in any area of the City of Toronto, generally there are about 40 items scheduled, and the hearing will be broken up into scheduled blocks.? Hearings may, however, run into overtime, so if you plan on attending a hearing, be prepared to be there well past the scheduled time for your item.? Recently, a hearing at North York ran to past 10:30 in the evening.

In Toronto, the committee panel generally consists of three members plus a chair.? These are all appointed positions, and appointments last for four years.

Every communication submitted to the committee becomes available on the application information center and can be seen online – letters of support, letters of opposition, staff reports, your building plans, and any supporting material I or your team submit.? It is important to be aware of time frames for submission.? The committee will accept late materials, but to guarantee that they will be circulated to the committee members, and will be in the package of materials they have to review prior to the hearing, items have to be submitted a week in advance.? Requests to participate in a hearing online have to be made two days in advance.

Hearings are now hybrid, so one has the option of showing up in person at the civic center, or appearing online. ?The committee members are present in the chamber. ?I have appeared in person at least once since the pandemic, but I don’t believe that there is any advantage of doing so – the technology for the virtual meetings is good, and the members are attentive to virtual presenters.

• Presenting the Project

The hearing itself follows a fixed format – the applicant will have five minutes to present the proposal, anyone in opposition will have five minutes to speak, and then the applicant has five minutes to rebut the points raised in opposition.? The committee may interject with questions during the presentations.? After the applicant’s rebuttal of the opposition, the committee may ask further questions, and then goes ‘into committee’ at which time they only talk between themselves, although their discussion is public.? City staff will be on hand to answer questions that members of the committee may have about the by-laws, city policy, or procedure.?

If you know there will be opposition, it is good to remember that that will effectively double the time I or your presenter has to speak.? So if you have a more in-depth rebuttal of the concerns you know are going to be raised, don’t spend the first five minutes discussing this if there are other important facts to get across to the committee – save it for the time you have in direct response to the objector.? Sometimes people hire a separate planner to make a case for their project at Committee – in my opinion, given the extremely short time that a committee hearing can last, in most cases it is rarely worthwhile to have a separate professional.? They have a specialized knowledge which is necessary if you need to file an appeal – but which there is simply no time to exercise in the short period of a committee hearing.

Making their decision, the committee has broad powers to approve the variances, and apply any conditions that they see fit.? Typically these would be the conditions requested in the staff report – or conditions that, as discussed above, you might ask the committee to apply to assuage a neighbours concerns.

• Online vs. in person

During the pandemic, Committee hearings moved online.? This was actually a great benefit in that it made attendance easier.? Not having to deal with parking and dealing with the uncertainty of when your item would actually be heard remotely, rather than in a room in the civic center

• The Key Element

The most important thing to remember is that good design is easy to defend.? An attractive house, or building, thoughtfully designed with an appropriate understanding of context and impact is exactly what the committee is in place to approve.? And the approvals required can always be asked for with conviction.

Is there an Appeals Process?

As of 2023, a neighbour can no longer appeal a decision of the committee.? As an applicant, you can appeal a refusal of all or part of your application.

An appeal to TLAB is currently $300.? However, for an appeal you should plan on hiring a both a Registered Professional Planner to prepare and give evidence, and a Lawyer who will examine you planner – and cross examine any opposition expert witness – in a format similar to a trial.? For these professionals, you should budget spending between $20,000 and $30,000.? TLAB – and the OLT, for non-Toronto jurisdictions – has strict rules for participation, and pre-filing of expert witness statements and the evidence on which the appellant intends to rely.

From the time of filing your appeal, it is likely 2-3 months to get a hearing date.? There is often a period after the hearing when the tribunal member is writing their written decision, which can be lengthy – depending on the complexity of the case they are being asked to decide.

Resources:

• Planning Application Portal

A database, searchable by address, with a map, of all current Committee of Adjustment, TLAB and planning applications.? Click on an address to see basic information on the file – Click on ‘Application Details’ to see more about the file.? The ‘Supporting Documentation’ tab has Drawings of the Project, the Zoning and Public Hearing Notices, as well as Letters of Support and Objection, and any Staff Reports.

https://app.toronto.ca/AIC/index.do

or do a Web search for: ‘Toronto application Information Center’

• Committee of Adjustment Research Requests

A database, searchable by address, with a map, of Committee of Adjustment decisions going back about a decade.? Decisions are available in a 500m or 1,000m radius for fees of $150.00 or $300.00 + HST respectively.? When searching, it is often best to pick a point in the center of your neighbourhood, rather than your own lot, to get the best set of decisions on comparable properties

https://www.toronto.ca/city-government/planning-development/Committee-of-adjustment/research-request-portal/

or do a web search for ‘Committee of Adjustment Research’

• Schedules for the Toronto hearings are published online:

https://www.toronto.ca/city-government/planning-development/committee-of-adjustment/

• The Toronto Zoning By-law, and Maps, are also online.

The zoning by-law is complex, and it is always best to have the guidance of a professional in interpreting it, and its application to your lot and plans for a new home.

https://www.toronto.ca/city-government/planning-development/committee-of-adjustment/

• ·?????? YouTube of Past Hearings

The City of Toronto – like most jurisdictions – publish videos of hearings on line.? I highly recommend watching a recent hearing in your area to get an idea of the process, and of both what a typical presentation looks like, and the planning opinions the various committee members express.? Knowing the committee you will be presenting in front of is a great way to improve your chances of approval!

https://www.youtube.com/c/TorontoCityPlanning