Minor Variance and Consents

A consent application is a formal process, regulated under Ontario's Planning Act, to obtain approval for a land severance.  A land severance is the division of a single parcel of land into two or more new parcels or the alteration of lot boundaries without a full plan of subdivision.  The Committee of Adjustment has been appointed by Council to consider consent applications.  Consents must comply with the Official Plan and Zoning By-law.

The City of Dryden's Committee of Adjustment grants minor variances to the normal requirements of its zoning by-law. If you have an existing or proposed development which does not comply with the regulations contained in the zoning by-law, you may apply to the Committee for relief. You need approval for the variance and must have the appeal time pass before a building permit can be issued. Please note that you may need to cover additional costs associated to review of the application and the process could take between 45 to 90 days to process.

A Deeming By-Law deems areas of land to no longer be part of a registered Plan of Subdivision.  This type of By-law allows certain lots, or parts of lots, on a Plan of Subdivision to merge.  This type of By-law is required to be passed by Municipal Council.  Most often, the reason for applying for a Deeming By-law is to allow the merging of lots (parcels of land), either with an abutting lot on the subdivision plan, or to allow an original shore road allowance (OSRA) that fronts a subdivision lot, and which is being closed, to merge with the lots.

Contact the Building and Planning department before submitting an application. Depending on the type of request, you should be prepared to provide the following information:

• An accurate plan of the property, showing its size and boundaries, including existing buildings, driveways, uses, and the location of the variance or consent. (We prefer a plan prepared by a surveyor, if possible)
• A written description of your requested minor variance and the reasons for it (for variances only).
• A drawing, indicating the section of the property that is being severed and which part will be retained (for a consent only).

For Deeming Only: 

1. The application must include a legal description of the subject lot(s), together with survey or sketch plan prepared in metric measurements, which shows:
   • The location of existing buildings;
   • The uses of abutting properties;
   • All roads (named) abutting the subject lots;
   • A proper metric scale and north arrow.
2. Prior to scheduling this matter for Council’s consideration, we ask that you submit a Registered Deed indicating that all lots are in common ownership.
3. It is important to note that a Commissioner must witness the signature of the owner, solicitor or authorized agent on the application form. Kindly fill the form online, make the prescribed payment and call our Junior Planner at 807-223-2225, ext. 521, to set an appointment for a signature. 

The owner of the property, or an 'agent' authorized by the owner in writing, to act on his or her behalf, can submit an application for variance, consent or deeming.

Complete the Minor Variance Form, Consent Application Form, and Deeming Application (Merging) Form online. A fillable pdf consent application is also available or pick one up at the Building and Planning department at 30 Van Horne Avenue and complete it manually.  A completed application form can be submitted (either online or by mail or in person to the Building and Planning Department at 30 Van Horne Avenue), any additional or required documentation and the required application fee to the Building and Planning department for processing.  

Please refer to Fees and Charges By-law for the latest fee schedule.

You must submit these fees with your application form. The application fee is non-refundable. Pay your fee(s) by cash, cheque, credit card or debit card. 

Please make all cheques payable to the "City of Dryden".

For Deeming Applications please submit your application at least three weeks before a scheduled Council Meeting in order for it to be processed and ready for inclusion in the agenda for the Council meeting.

Special meetings may be called to consider issues that are time sensitive, but these applications must still meet any required notice periods.

Please refer to Fees and Charges By-law for the latest fee schedule.

You must submit these fees with your application form. The application fee is non-refundable. Pay your fee(s) by cash, cheque, credit card or debit card. Appeals to an application are subject to additional costs, as outlined in the "How do I appeal a decision?" section below.

Please make all cheques payable to the "City of Dryden".

Once we receive your complete Minor Variance or Consent application, our Secretary-Treasurer for the Committee of Adjustment will start the hearing process. They will then send notices of your proposal to all property owners within 60 metres of your property. The required notice must be sent at least 10 days (for a Minor Variance) or 14 days (for a Consent) in advance of the public hearing. The notice is sent to other City departments and other agencies as per the requirements of the Planning Act.

The Secretary-Treasurer will let you know the time and place of the hearing, so you or your agent can attend to present your case in person. Other interested parties can also attend the hearing and may speak in favour or opposition to the application. You will have the right to rebuttal if you choose.

After hearing the application, the Committee of Adjustment will make a decision either at that time or may defer a decision to a later date. The decision is subject to a 20-day appeal period from the date notice of decision is given, during which time you have the right to appeal to the Ontario Land Tribunal (formerly the Local Planning Appeal Tribunal or Ontario Municipal Board). As well, any specified person or public body that submitted written or oral comments to the municipality before the decision was made has the right to appeal. At the end of the appeal time period, if there has been no appeal, the Committee's decision is final and binding.

For Deeming Only: 

1. If the application form is incomplete or seems inaccurate, the application will be returned for completion, correction or clarification prior to processing.
2. After an evaluation of the application, the Building and Planning Department will prepare a report for consideration of Council.
3. If the application is approved, a by-law will be prepared and placed before Council for their approval.  IF the by-law is passed, the by-law is circulated within 30 days of passing thereof, to each person appearing on the latest revised assessment roll of land to which the by-law applies.  The property owner has 20 days to request an amendment or repeal of the By-law.
4. After the 20 day appeal period expires, the Clerk forwards one copy of the by-law to the Minister of Municipal Affairs and Housing.
5. The approved by-law must be registered with the land registry office.  The applicant may arrange for the registration, or the City, at the applicant’s expense, will complete the registration.
6. It generally takes one to two months to complete the above process.  Any application submitted by an owner to pass or amend a deeming by-law affecting his/her own property will obviously not object to the passing of the by-law and in this regard, the circulation of the notice is only a formality.  The situation may differ if Council deemed a plan or part thereof, thereby affecting a number of property owners.

If you are dissatisfied with the committee's decision for a minor variance or consent, you have a 20-day appeal time period in which to deliver a notice of appeal to the secretary-treasurer, either in person or by registered mail. You must include the reason for your appeal, the Municipality's fee and a $400 cheque made payable to the "Minister of Finance" complete with all supporting documents. Please refer to Fees and Charges By-law for the latest fee schedule.

The Ontario Land Tribunal appeal is then forwarded and the OLT will then notify you of a hearing date, which you must attend.