What happens if I lose my hearing at the Committee of Adjustment?

During the process of getting your home design approved for a building permit, you may encounter some bumps on the road.

First, a bit of background: If you are homeowner who is either building a new home or embarking on a significant renovation, you should be aware of the body of legislation governing what you are able to build and what you are not. A robust library of municipal by-laws exists concerning things like building height, wall height, setback distance, depth, and so on. Those aspects of your home which do not abide by the zoning by-laws are what’s known as ‘variances’. To seek exemption for your variance, you would petition the Committee of Adjustment, a citizen-member organization that considers applications pertaining to home design approvals and permissions. An experienced residential architect like Lorne Rose knows the process for building and renovating homes in Toronto well, so when you hire him you’re hiring someone who knows how to negotiate the process.

Even with great experience, it is possible that your application to the Committee of Adjustment will not be successful. Let’s look at what next steps you can take in such a case.

First, you will have to appeal to the Ontario Municipal Board (OMB) within 20 days. If you are considering a settlement, it is advised that you attempt to reach one before things get to the OMB. Additionally, in preparing to go before the OMB, you will have to hire a planner and a lawyer to argue your appeal, which can lead to costs starting at $15–30,000 (excluding any ancillary costs, such as carrying two properties at once). Unfortunately, it can take as long as 4–6 months to get your hearing date, which is another reason you may feel encouraged to settle before it gets to this point. On the bright side, if there was no objection to your application at the committee level, you’ll often go unopposed, though of course there’s no guarantee of that. Once you have presented to the OMB, you may receive a verbal decision on the spot; or, you may have to wait for a written decision, which can take as long as three months. Again, Lorne Rose would bring his knowledge of the OMB appeals process and the legislation governing Toronto residential architecture to bear and would provide invaluable expertise in resolving the appeal to your advantage.

Summary

If you lose your hearing at the Committee of Adjustment, you will have the opportunity to appeal the decision with the OMB. However, once an OMB hearing is underway, you are committed to spending the cost of the hearing—an amount starting in the neighbourhood of $15,000. Finding a compromise with the complainant will save you time, money and effort, and can often be done without drastically altering the plans for your dream home.

Categorized in: Architecture News, Helpful Resources