BYLAW - Appoint Members to Committee of Adjustment REPEALED BY 5691~15 - 20130910 - 5547~13THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5547-13
BEING A BY-LAW to amend
By-law Number 5312-11, 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 forthe 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 a 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 authority for 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 (the "Town");
AND WHEREAS on March 8, 2011, the Council of the Town enacted By-law Number
5312-11, to establish a Committee of Adjustment and appoint members to the
Committee of Adjustment;
By-law Number 5547-13 Page 2 of 2
AND WHEREAS the Council of the Town deems it necessary and expedient to amend
By-law Number 5312-11 to amend members of the Committee of Adjustment;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT section 4 of By-law Number 5312-11 be and is hereby amended by
deleting the following person:
(e) David H. Peirce
2. THAT section 4 of By-law Number 5312-11 be and is hereby amended by adding
the following person who shall be an appointed member of the Committee of
Adjustment:
(e) Carl Barrett
3. THAT all other terms, provisions, enactments, and amendments contained in By-
law Number 5312-11 shall remain the same and are hereby reaffirmed.
4. THAT this By-law shall be deemed to have come into full force and effect on the
13th day of August 2013.
READ A FIRST AND SECOND TIME THIS 10rh DAY OF SEPTEMBER, 2013.
READ A THIRD TIME AND FINALLY PASSED THIS 10eh DAY OF SEPTEMBER,
2013.
Approved as to form
by LegafServtces
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