If a proposed use does not conform to the City’s Zoning By-law but follows its general intent, the owner may apply for a Minor Variance. A Minor Variance does not amend the by-law. It allows the owner to vary from a specific requirement of the by-law and to obtain a building permit.
The City of Pembroke Planning Advisory and Adjustment, appointed by Council, deals with minor issues in meeting by-law standards and holds hearings to decide on such applications.
When applying for a minor variance, there is a fee for processing the application. As an applicant, you will be required to fill out an application form, with which the City Planner can assist you. The more accurate the information provided, the less likely that delays will occur in the review. If your application is incomplete or you do not provide all the information required, your application will not be accepted until it is complete. Also, the 60 day time frame for making a decision does not begin until all the prescribed information is received. The Committee, through local newspapers and/or by mail, must give notice of an application at least 10 days in advance of a public meeting to all property owners within 60 metres of the subject property. Any person or public body may submit opinions/concerns to the Planning Advisory and Adjustment Committee. When PAAC has reached a decision on your application, it is required to send a Notice of Decision within 15 days of the decision, to any person or public body that requested, in writing, to be notified. When a Notice of Decision is given, a 20 day appeal period follows. Any appeal is forwarded to the OMB within 15 days of receipt.
Ontario Regulation 200/96 of the Planning Act provides the requirement of a sketch showing the following:
1) The boundaries and dimensions of the subject land.
2) The location, size and type of all existing and proposed buildings and structures on the subject land, indicating the distance of the buildings or structures from the front yard lot line, rear yard lot line and the side yard lot lines.
3) The approximate location of all natural and artificial features on the subject land and on land that is adjacent to the subject land that, in the opinion of the applicant, may affect the application. Examples include buildings, railways roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, wells and septic tanks.
4) The current uses on land that is adjacent to the subject land.
5) The location, width and name of any roads within or abutting the subject lands, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right-of-way.
6) If access to the subject land is by water only, the location of the parking and docking facilities is to be used.
7) The location and nature of any easement affecting the subject land.
It is required that one original copy of the application be filed together with a copy of the sketch, and a fee of $250.00 + 32.50 (HST) for a total fee charge of $282.50, in cash, debit or by cheque payable to the City of Pembroke.
Applications submitted without the above noted requirements will be considered incomplete and will be returned.
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