Minor Variances in Augusta Township
Augusta Township’s Zoning By-law 2965-2012, as amended, regulates the use of land, buildings, and other structures. All development proposals must comply with the Zoning By-law. However, when a proposal does not fully meet the zoning requirements—such as a setback or height restriction—a Minor Variance may be requested.
A Minor Variance does not change the zoning of a property. Instead, it provides specific relief from certain requirements of the Zoning By-law, allowing you to proceed with a building permit once approved.
Common examples include:
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Building a garage that does not meet the required setback
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Slight changes in lot coverage or height that still align with the general intent of the zoning
What is the Committee of Adjustment?
The Committee of Adjustment is responsible for reviewing and making decisions on Minor Variance applications and ensuring they meet the criteria set out in the Planning Act (Section 45).
To approve a Minor Variance, the Committee must be satisfied that all four of the following “Four Tests” are met:
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The variance is minor in nature
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The variance is desirable for the appropriate development or use of the property
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The general intent and purpose of the Zoning By-law is maintained
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The general intent and purpose of the Official Plan is maintained
If any of these tests are not met, the Committee must refuse the application.
Minor Variance Approval Process
Timeline: ~2–3 months
1. Pre-Consultation
Applicants must consult with Township planning staff (and possibly external agencies) before submitting a Minor Variance Application. This helps confirm the proposal’s eligibility and any additional requirements.
2. Submit Application
The application form must be completed and signed in front of a Commissioner of Oaths (available through the Township Clerk’s Office). The application must be submitted with the applicable fee.
3. Review & Hearing Scheduling
Township staff review the submission and coordinate a hearing date with the Committee of Adjustment.
4. Notice of Hearing
A Notice of Hearing is distributed to property owners within 60 meters of the subject land, the Conservation Authority, and relevant internal and external agencies. A notice sign will also be posted on the subject property.
5. Public Hearing
A public meeting is held before the Committee of Adjustment, where comments are heard and a decision is made.
6. Notice of Decision
The Committee’s decision is issued to the applicant and all who requested notice in writing, within 10 days of the meeting.
7. 20-Day Appeal Period
Following the decision, a 20-day appeal period applies. Appeals must be submitted with the required form and fee to the Ontario Land Tribunal (OLT). If no appeal is received, the decision becomes final and binding.
If you are a person or party who is entitled to submit an appeal to the Ontario Land Tribunal, it may be made by filing a notice of appeal with the Clerk either via the Ontario Land Tribunal e-file service (first-time users will need to register for a My Ontario Account) at https://olt.gov.on.ca/e-file-service/ by selecting Augusta Township as the Approval Authority, or by mail at 3560 County Road 26, Prescott, ON KOE 1T0.
The appeal fee of $400.00 (fee for a private citizen, a registered charity or a non-profit ratepayers' association) can be paid online through e-file or by certified cheque/money order to the Minister of Finance, Province of Ontario.
FAQS
How much will it cost?
A fee of $1,027 is required upon submission of a Minor Variance application
Payment options available at the Township of Augusta:
- Cash, Cheque, Debit
- E-transfer to tax@augusta.ca (Include “Severance Application” in the subject line)
Additional fees may apply for reviews by the Conservation Authority or South Nation Conservation (e.g., for properties involving environmental or septic considerations).
Please note: All fees are subject to change without notice.
What happens once the Application is submitted?
Once a complete Minor Variance application is submitted and the required fees are paid, a date for a Committee of Adjustment Public Meeting will be scheduled. A Notice of Public Hearing will be mailed to all property owners within 60 metres (approximately 200 feet) of the subject property at least 10 days before the meeting date. A sign outlining the nature of the proposal will also be posted on the property prior to the meeting.
The application will be circulated to relevant Township departments and external agencies for review and comment. Once the circulation period has ended, all feedback is compiled and reviewed.
The Township’s Planner will assess whether the proposal aligns with applicable planning policies and prepare a formal report with recommendations. The Committee of Adjustment will then consider the application and may approve, approve with conditions, or deny the request based on the merits of the proposal and public input.
What happens at the meeting?
At the hearing, Augusta Township’s Planner will present a report on the application to the Committee of Adjustment. Members of the public are welcome to attend and may speak either in support of or in opposition to the proposal. With recommendation for the Committee to consider all comments and information presented before making a verbal decision at the meeting.
If the application is approved, it may include specific conditions or restrictions that the Committee considers necessary and appropriate for the development.
What happens after the meeting?
A written decision from the Committee of Adjustment will be issued by the Secretary-Treasurer within ten (10) days of the hearing. This decision will be sent to the applicant, their agent, and anyone who submitted a written request to receive a copy.
If no appeals are filed during the 20-day appeal period, the decision becomes final and binding at the end of that timeframe.