Minor Variance

A minor variance is a minor change or exception to the regulations set out in the zoning by-law. The approval of a minor variance will allow a homeowner to build or use land in a way that still keeps things safe and fair for the community.

What is a Minor Variance?

Minor Variances allow a landowner to seek relief from specific requirements of a Zoning By-law, including but not limited to, building height, setbacks, lot coverage, lot frontage, or lot area.

When considering a Minor Variance application, the Committee of Adjustment will evaluate whether the proposed variance meets the following four tests in accordance with Section 45(1) of the Planning Act:

  1. Is the variance minor in nature?   
  2. Is the variance desirable for the appropriate development of the lands in question?
  3. Does the variance meet the general intent and purpose of the Zoning By-law? 
  4. Does the variance meet the general intent and purpose of the Official Plan?

When a minor variance is needed

You may need a minor variance if your project (new construction, additions, renovations, or lot changes) doesn’t follow the City’s Zoning By-law. Examples include relief from Zoning regulations for building height, setbacks, lot coverage, lot frontage or lot area.

You also need permission to expand, enlarge or change a legal non-conforming use. A legal non-conforming occurs when the use of an existing lot, building or structure is not permitted under the current Zoning By-law but was permitted under a previous Zoning By-law.

How to apply for a minor variance

Step 1:  Speak to Planning staff

While a pre-consultation meeting is not required, it’s a good idea to talk to a City Planner, the Secretary-Treasurer to the Committee of Adjustment, or any relevant agencies before applying.

Step 2:  Submit your application

Apply online through your City Dashboard Account and include:

Step 3:  Attend the hearing - important dates

Your application will be reviewed at a Committee of Adjustment Hearing. The public can attend and share comments. You or your agent must be present to answer questions. Check the Committee of Adjustment webpage for submission deadlines and hearing dates.

Minor variance application - process and timelines

Minor Variance Application

Time to Process: 30 Days

StepCity's RoleApplicants RoleTarget Timeline
Application Submission--Submits:
  • formal application
  • preliminary sketch prepared by OLS and studies
--
-Reviews files (i.e., names, unlocked status) 2 days--2 days
---Pays required fees--
Review for CompletenessSecretary-Treasurer reviews material and issues notice of complete/incomplete application.--1 week
Circulation (When Complete)Secretary-Treasurer circulates to internal departments and external agencies.--1 week
Committee of Adjustment HearingHeld to inform and receive comments from area residents.Applicant or agent attends to present and answer questions.Occurs 10 days after notice is given in accordance with Committee's schedule.
-Planning report is on Committee's agenda. Committee will make a decision on the application.----
-Notice of Decision given by Secretary-Treasurer.--1 week
If no appeals, Minor Variance granted.The Secretary-Treasurer issues the declaration

If the application is denied, the applicant can file an appeal up to 20 days after the decision.

Frequently Asked Questions (FAQ)

How is a decision made on my application?

The Committee of Adjustment is required to hold a public hearing. The Committee will evaluate the application against the four tests of a minor variance following section 45(1) of the Planning Act:

  1. Is the variance minor in nature?   
  2. Is the variance desirable for the appropriate development of the lands in question?
  3. Does the variance meet the general intent and purpose of the Zoning By-law? 
  4. Does the variance meet the general intent and purpose of the Official Plan?

Can I get a refund if my application is denied?

No, refunds are not available. Staff still spend time reviewing and processing applications, whether they are approved or denied.

Can I appeal the decision if my application is denied?

Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal a decision to the Ontario Land Tribunal (OLT). 

If you are eligible and disagree with a decision of the Committee of Adjustment, you can appeal to the OLT within the 20-day appeal period.

What factors could affect the outcome of my application?

  • Failure to meet the four tests of a Minor Variance
  • Input from area residents
  • Comments from City Staff and external agencies