Introduction: A minor variance is a small change or exception to a zoning by-law. It allows a property owner to obtain permission to proceed with a project even if it doesn’t fully comply with the zoning rules, provided the deviation is considered minor. Minor variances are commonly used when strict application of the by-law would be impractical, such as building an addition that slightly encroaches into a setback or a home exceeding the height limit by a small amount. This blog will explain when a minor variance is needed, how the process works, and tips for a successful application.
What is a Minor Variance? In Ontario, a minor variance is essentially a relief mechanism from certain zoning requirements. It does not change the property’s zoning or permitted uses; rather, it permits a minor change to a specific standard in the zoning by-law. For example, if a zoning by-law requires a minimum 6-meter rear yard and you want to build an addition leaving only 5.5 meters, a minor variance could allow this small deviation. Typical scenarios include:
- Reducing Setbacks: e.g. allowing a building to be a bit closer to a lot line than normally permitted.
- Increasing Building Height or Lot Coverage: e.g. slight increase in height beyond the limit, or a higher lot coverage for an addition.
- Changing Other Standards: e.g. lowering a parking space requirement for a business, or other site-specific exceptions.
The Four Tests: Ontario’s Planning Act requires every minor variance to meet four tests to ensure the change is truly minor and appropriate. The Committee of Adjustment (the body that approves variances) will consider whether:
- The variance is minor in nature, i.e. a small deviation.
- It is desirable for the appropriate development or use of the property.
- It maintains the general intent and purpose of the Zoning By-law.
- It maintains the general intent and purpose of the Official Plan.
All four tests must be satisfied for the variance to be approved. In practice, this means the requested change should not adversely affect the neighbors or the community, and it should respect the broader land-use intentions for the area.
Application Process: To obtain a minor variance, you apply to your municipality’s Committee of Adjustment (or similar authority). The process is relatively streamlined – in many cases taking around a month from application to decision. Key steps include:
- Pre-Consultation (Recommended): It’s wise to discuss your proposal with municipal planning staff beforehand. Some cities (for example, Markham) even require a preliminary zoning review to identify all variances needed. Early consultation helps ensure your application is complete and addresses any obvious concerns.
- Submit Application: You’ll need to fill out a form describing what you want to do and which zoning rules need to be varied. Include sketches or plans of your proposal and rationale for why the variance should be granted. It’s important to clearly explain why you need the variance (e.g. site constraints) and how you believe it meets the four tests.
- Notification: Once the application is deemed complete, the municipality will give public notice. Neighbors within at least 60 meters are notified and a sign is posted on the property, typically at least 10 days before the hearing. This gives the public a chance to review and comment on your proposal.
- Committee of Adjustment Hearing: At the hearing, you (or your planner) can present your case. Neighbors or other interested parties may voice support or concerns. The committee will have a staff report with recommendations and will consider all input, including any conditions suggested by staff (for example, landscaping or drainage requirements to address impacts). The committee will evaluate your request against the four tests and then decide to approve (with or without conditions) or refuse the variance. In most cases, you’ll get a verbal decision on the spot and a written decision within about 10 days.
- Appeal Period: There is a 20-day window after the decision during which the applicant or any objector can appeal the Committee’s decision to the Ontario Land Tribunal (OLT). If no appeal is filed, an approved variance becomes final and binding after the appeal period.
Tips for Success: Minor variances are generally easier to obtain than full rezoning, but preparation is key. Here are some tips: – Demonstrate No Adverse Impact: In your justification, emphasize how the variance will have minimal or no negative impact on the surrounding properties (for instance, “the proposed addition will still be well within the character of the neighborhood”). Showing letters of support from neighbors can be helpful if possible.
– Tie to Community Benefit or Need: If relevant, point out any positive outcomes (e.g. the variance allows an extra parking space or permits a modest densification that aligns with local housing goals). While not formally a test, a variance perceived as beneficial or logical is more likely to be viewed favorably.
– Be Prepared to Modify: The committee might suggest changes to make the variance more palatable (like slightly reducing a requested height). Be willing to compromise. Sometimes a smaller variance or a condition (e.g. planting a privacy hedge) can address concerns and lead to approval.
– Hire a Professional Planner: Especially for more complex or contentious variances, consider getting a planning consultant to prepare the application and represent you at the hearing. They understand the nuances of the four tests and can present planning evidence convincingly. A well-crafted planning justification report can significantly improve your chances.
Conclusion: Minor variances are a useful tool for property owners and developers to achieve reasonable changes that zoning rules might not otherwise allow. By understanding the process and requirements, and by making a strong, well-prepared case, you can navigate the minor variance process smoothly and obtain the approvals needed to move your project forward.