Minor Variances, Consents and Deeming

The Committee can also approve land severances, known as consents. A land severance is the authorized separation of a piece of land to form a new lot, a new parcel of land, or an addition to a parcel of land. 

What is a Deeming By-Law?

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. These types of By-Law are required to be passed by the Council when a lot was created through a plan of subdivision. 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. 

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.  You can then submit your completed form (either online or by mail or in person to the Building and Planning Department at 30 Van Horne Avenue), any required document(s) and the required application fee to the Building and Planning department for processing.  Payment must be made by mail or in person with the accompanying application.

Please submit your application at least three weeks before a scheduled Committee meeting or a Council Meeting (for deeming only) in order for it to be processed and in order for the City to meet the required notification period. Special meetings may be called to consider issues that are time sensitive, but these applications must still meet the required notice periods.

It takes about six to eight weeks to process an application.

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 application, our secretary-treasurer starts the hearing process. We then send notices of your proposal to all property owners within 60 metres of your property. You must send the notice at least 10 days (for a Variance) or 14 days (for a Consent) in advance of the public hearing. We also send the notice to other City departments and other agencies.

We 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 interested party also 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.  Any person, with 20 days of the mailing of the notice of the passing of the by-law, may notify the Clerk that he/she wishes to make a presentation to Council regarding the by-law.
4. 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, consent, or deeming 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 and a $400 cheque made payable to the "Minister of Finance" complete with all supporting documents.

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