Committee of Adjustment
NOTE: The City of Markham Committee of Adjustment is now transitioning to ePlan digital application submission platform. By 2020, all applications must be submitted through this eplan portal. Do visit the following link to learn more about this initiative:
Additional note: Due to the implementation of emergency legislation by the province of Ontario, Committee of Adjustment (COA) meetings had been suspended. However, the legislation, as passed, does permit the holding of virtual meetings if a municipality chooses to proceed as such. On Tuesday, May 26, 2020, Markham City Council has approved the holding of virtual COA meetings with additional measures as directed by Council in addition to the staff recommendations. Staff have assessed and incorporated these recommendations with meetings reconvening in late June through to July, 2020. Virtual meetings may continue until the emergency period concludes. These meetings will continue to be held at 7:00PM. Applicants and registered interested parties have been notified and to which meeting date their application has been assigned to. Information on upcoming scheduled meetings and related materials can be found at the 'Meeting Agendas, Minutes, Notices of Public Hearing and Staff Reports' link below.
Established public notification procedures such as posting of signage on the respective properties and Notice of Public Hearing sent by mail to properties within 120 metre of subject property will continue. In addition, the Notice of Public Hearing will, commencing June 11, 2020, be posted in the 'Meeting Agendas, Minutes, Notices of Public Hearing and Staff Reports' link.
Virtual meetings will be conducted on the Zoom platform. Those who, and if not applicants or registered interested parties already, wish to participate in the meeting, will need to fill the 'Interested Party Comment form'. The link is found below:
Please download this form, fill it out, save it to your computer and then send by e-mail to email@example.com
This form should be completed and submitted back to COA staff at least 2 days before the scheduled meeting date in which the application in question is to be heard.
Even if you are only providing written comments (support, oppose or provide other relevant comments on an application) it is requested that this form be used.
Note: Applicants do not need to fill out this form. Only members of public interested in a specific application and/or meeting are required to. Afterwards, and sooner to the scheduled meeting date, specific Zoom access information will be provided to these parties by e-mail. Applicants will automatically be provided this information. The instruction guide posted below will further assist parties in participating in the meeting. COA staff will also be available remotely to assist as well.
The Zoom platform typically requires the use of an electronic device to access. Those who do not have such access can participate through the Zoom phone function. Staff will be administering the virtual meeting on this platform and will be available to participants who need assistance with virtual meeting participation. Information on how to access the virtual meeting will be sent directly to applicants and registered interested parties and will not be posted on the website. A guide on participating in the virtual meeting is found below:
The virtual meeting will also be livestreamed. The link will be posted on the www.markham.ca (https://www.markham.ca/wps/portal/home) main page. Scroll down to find 'Upcoming Events' section and click the related meeting date for 'Electronic Committee of Adjustment Meeting'. You will be taken to another webpage. Scroll to bottom of that page and click on the 'View video' button. A 'Upcoming Meeting' page will now appear. Find the related 'Committee fo Adjustment' listing and click the 'Video' icon associated with it. A video interface window will open. Click the 'Play' icon to commence the videostream. Those observing the livesteam, and at that stage intend to participate in the meeting directly, must immediately contact COA staff to obtain access information to use the Zoom portal.
Note: livestream information will be posted here just before the commencement of the virtual meeting. You may also contact COA staff if necessary for livestream assistance.
You may contact COA staff at firstname.lastname@example.org or 905-477-7000 ext. 4721 to provide assistance to information as outlined above or for any other inquiries.
The Committee of Adjustment is an independent body comprised of seven (7) members appointed by Council and authorized under Section 44 of the Planning Act, R.S.O. 1990, c.P.13, as amended, and Ontario Regulation No. 197/96 to consider applications for minor variance, permission and consent.
- Meeting Agendas, Minutes, Notices of Public Hearing and Staff Reports
- Committee of Adjustment Information: Minor Variance
- Minor Variance Application and Hearing Dates
- Committee of Adjustment Information: Consent/Land Division
- Consent to Sever Property Application and Hearing Dates
Planning Act Requirements
Posting of Signs
When an application is submitted, the Committee of Adjustment will provide the applicant with the required sign, and the date for the posting of the sign. Signs should be erected at least 14 days prior to the public hearing date for both consent and minor variance applications. Unless otherwise directed by the Secretary-Treasurer, the sign shall be posted in a location that is clearly visible and legible from a public highway, or other place to which the public has access. Signs shall not be obscured from view by vegetation or other obstructions.
A Declaration of the Posting of the Sign must be completed and signed by the individual who posted the sign. The Declaration must be completed in front of a Commissioner of Oaths. Commissioners are available to assist you at the Development Services Counter where the Committee of Adjustment applications are submitted. Alternatively, Commissioning services can also be provided at the Clerks Counter as well.
If a sign is not posted before the required time, the application will be deferred to the next available meeting.
Notices of Hearing
The Planning Act requires Notices of Hearing to be mailed out to property owners within 60 metres of the subject property. The City of Markham mails Notices of Hearing to property owners within 120 metres of the subject property. Notices of Hearing are mailed out 14 days before a public hearing for both minor variance and consent applications.
Notices of Decision and Appeal Period
Verbal decisions will be provided by the Committee of Adjustment at the public hearing. Written decisions will be forwarded to relevant parties no later than 10 days from the making of the decision in accodance with the Planning Act 45(11) . If a member of the public would like to receive a copy of the Committees Decision, he/she must request a copy of the Decision from the Secretary-Treasurer in writing.
The Committee of Adjustment's Decision does not become final until 20 days from the public hearing for minor variance applications and 20 days from the mailing of the Decisions for consent applications, provided that no appeals have been received.
Appeal to the Local Planning Appeal Tribunal
When filing an appeal to the Local Planning Appeal Tribunal, please note there will be a charge of $300.00 (a payment made payable to the Minister of Finance) and there will be an additional City of Markham administration fee of $224.00 (a separate cheque made payable to City of Markham) made at the time of the appeal submission to the Committee of Adjustment. Appeals are to be submitted to the Secretary-Treasurer of the Committee of Adjustment (Location: 101 Town Centre Blvd — Development Client Services Counter).
Local Planning Appeal Tribunal webpage/form: http://elto.gov.on.ca/tribunals/lpat/about-lpat/
Committee of Adjustment Members
- Sally Yan
- Patrick Sampson
- Kelvin Kwok
- Arun Prasad
- Jeamie Reingold
- Tom Gutfreund
- Gregory Knight, Chair
For additional information, please contact: Secretary-Treasurer, Committee of Adjustment at the following:
Mail or in Person: Development Services Counter, 101 Town Centre Boulevard, Markham, Ontario, L3R 9W3