The Village of Merrickville-Wolford Zoning By-law 23-08, as amended, regulates the use of land, buildings and & other structures. All development proposals must comply with the Zoning By-law. A Minor Variance is a way of permitting a minor change to a property’s zoning in order to allow the land to be used in a way which does not comply exactly with the requirements of the Zoning By-law.
The Committee of Adjustment considers and makes decisions on applications for Minor Variances from the provisions of the Village’s Zoning By-law and applications for enlargement or extension to any existing legal non-conforming building or structure.
Minor Variances are often required by circumstances peculiar to a property which prevent the owner from developing it in a way which conforms to a Zoning By-law. Examples of Minor Variance applications include requests for relief from building setbacks and height restrictions within the Zoning By-law.
A Minor Variance does not change a zoning by-law, it simply excuses you from a specific requirement of the by-law and allows you to then apply for a building permit.
What are the “four tests” for granting a minor variance?
Minor variances can be granted if all of the following criteria, commonly referred to as the “four tests”, are met:
- The variance is minor;
- The variance is desirable for the appropriate development or use of the property;
- The general intent and purpose of the Zoning By-law is maintained;
- The general intent and purpose of the Official Plan is maintained.
The Committee of Adjustment will refuse an application if, in its opinion, one or more of the above criteria have not been met.
Get In Touch
317 Brock Street West,
P.O. Box 340
Merrickville, Ontario, K0G 1N0
Phone: 613-269-4791
Fax: 613-269-3095
Clerk
Email:
Minor Variance- Approval Process
Timeline: 2-3 Months
Pre-consultation Meeting
- Applicant meets with staff to discuss the details and merits of the development proposal
- Staff will identify any studies or supporting documentation that may be required.
- Note that the Village may require certain studies to be peer-reviewed.
- Early consultation with local departments and external agencies is strongly recommended.
Complete Application Submission
- Applicant will prepare and submit an application form, the required plans and documents, and the application fee.
Application Received
- Within 30 days of filing the application (including payment), the applicant will be advised in writing as to whether the submission is complete or incomplete.
Notification / Circulation
- Should the application be deemed complete, a Notice of public meeting will be sent at least 10 days before the public meeting, to property owners within 60 m of the subject lands.
- Application is circulated to internal departments/ external agencies.
Committee of Adjustment Meeting
- The Planner will prepare a report reviewing the merits of the application.
- The Committee of Adjustment holds a public meeting, considers the merits of the application, receives comments and reviews the planning report.
Decision & Appeal Rights
- The decision will be sent to the applicant and any person who made a written request for notice.
- The application is eligible for appeal for 20 days following the date the decision is made.
- Note: Third-party appeals are no longer permitted. Only the applicant, local municipality, a public body, or specified person under the Planning Act may appeal the decision.
FAQs
The application fee is set out in Schedule E of the Fees and Charges By-law 44-2022.
Fees may be paid by cash, debit or cheque and made payable to the Village of Merrickville-Wolford.
Get In Touch
317 Brock Street West,
P.O. Box 340
Merrickville, Ontario, K0G 1N0
Phone: 613-269-4791
Fax: 613-269-3095
Clerk
Email:
