BYLAW - Appoint Members_Committee of Adjustment REPEALED BY 5691~15 - 20110308 - 5312~11THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5312-11
BEING A BY-LAW to establish
a_, Committee of Adjustment
and appoint members to the
Committee of Adjustment.
WHEREAS subsection 44(1 ) of the Planning Act, R.S.O. 1990, c. P.13, as amended
(the "Act"), states that if a municipality has passed a by-law under section 34 of the Act
or a predecessor of such section, the council of the municipality may by by-law
constitute and appoint a committee of adjustment for the municipality composed of such
persons, not. fewer than three, as the council considers advisable;
AND WHEREAS subsection 45(1) of the Act provides that the committee of adjustment,
upon the application of the owner of any land, building or structure affected by any by-
law that is passed under section 34 or 38 of the Act; or a predecessor of such sections,
or any person authorized in writing by the owner, may; despite any other Act, authorize
such minor Variance from the provisions of the by-law, in respect of the land, building or
structure or the use thereof, as in its opinion is desirable for the appropriate
development or use of the land, building or structure, if in the opinion of the committee
the general intent and purpose of the by-law and of the official plan, if any, are
maintained,
AND WHEREAS subsection 45(2) of the Act provides for additional powers of a
committee of adjustment to grant minor variances in addition to those provided for in
subsection 45(1) of the Act
AND WHEREAS subsection 45(3) of the Act provides that council that has constituted
a committee of adjustment may by by-law empower the committee of adjustment to
grant minor variances from the provisions of any by-law of the municipality that
implements an official plan, or from such by-laws of the municipality as are specified and
that implement an official plan, and when a committee of adjustment is so empowered
subsection 45(1) applies with necessary modifications;
AND WHEREAS subsection 54(2) of the Act provides that where authorityfor the giving
of consents under section 53 of the Act in respect of land situated in a lower -tier
municipality is delegated by by-law of the council of the upper -tier municipality to the
council of a lower -tier municipality, such council may, in turn, by by-law, delegate the
authority or any part of such authority, to a committee of adjustment;
AND WHEREAS pursuant to By-law NumberA-83-84-30 of The Regional Municipality of
York, the authority to give consents under the current section 53 of the Act in respect of
land situated in the Town of Aurora was delegated to the Council of The Corporation of
the Town of Aurora;
AND WHEREAS the Council of The Corporation of the Town of Aurora deems it
necessary and expedient to enact a By-law to provide for the establishment of the
Committee of Adjustment and the appointment of members to the Committee of
Adjustment;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT pursuant to subsection 44(1) of the Act, the Committee of Adjustment for
The Corporation of the,Town of Aurora be and is hereby established; constituted,
and appointed.
2. THAT the. Committee of Adjustment shall have all the powers conferred on a
committee of adjustment by the Act, including, without limiting the generality of
the foregoing, all of the powers contained in section 45 of the Act.
3. THAT the consent granting authority delegated to the Council of The Corporation
of the Town of- Aurora by By-law Number A-83-84-30 of The Regional
Municipality of York be and is hereby further delegated to the Committee of
Adjustment, and such delegation shall be retroactive to, and effective as of,
February 11, 1998 without interruption.
4. THAT the following persons shall be appointed members of the Committee of
Adjustment and shall hold office in accordance with section 44 of the Act or until
such time as their successors are appointed:
(a) Hank Gosar
(b) Roy J. Harrington
(c) Grace-L. Marsh
(d) David Mhango
(e) David. H. Peirce
5. THAT By-law Number 4887-07.0 be and is hereby repealed.
6. THAT this By-law shall come into full force and effect on the 11th day of March
2011.
READ A FIRST AND SECOND TIME THIS 8" DAY OF MARCH, 2011.
i
READ A THIRD TIME AND FINALLY PASSED THIS 8' DAY OF MARCH, 2011.
GECwPFRE 11V MAYOR
JOHN D. H TOWN CLERK
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