Minor Variances

In cases where a variance from the existing zoning bylaw is deemed to be minor, a Zoning Bylaw Amendment is not appropriate. Applicants have the option to instead apply for a Minor Variance. An example of a Zoning Bylaw Amendment would be a case where a developer wants to build a commercial building in a residential zone. In comparison, an example of a Minor Variance would be a case where a homeowner wants to build an addition that does not meet the required setbacks according to their zoning provisions.

A Minor Variance does not amend the Zoning By-law. Each Minor Variance is specific to an individual property and allows the owner of that property to vary from a specific requirement of the by-law.

Minor Variance applications are considered, and approved or denied, by the Committee of Adjustment.

The Application Process:

There is approximately 8 to 10 weeks elapse from the time an application is filed with the Secretary-Treasurer to the point where a decision of the Committee of Adjustment is final and binding. An Application for Minor Variance can be found under Applications & Fees. In addition to the application form, applicants must submit a detailed, scaled sketch of the proposed variance or a survey of the property (the sketch may be done on the survey), and a cheque made out to the Secretary-Treasurer of the Committee of Adjustment. If the property owner is using an agent or solicitor, written consent identifying the agent to act on behalf of the property owner is required.

Once received and deemed to be complete, the application will be circulated to various city and government agencies for review. When reviewing the application, agencies will comment on whether or not the minor variance.

• Is deemed to be minor in nature
• Conforms with the general intent and purpose of the Official Plan and the Zoning By-law;
• Is desirable for the appropriate development and use of the land.

At least 10 days before the hearing date, the Secretary-Treasurer must give notice of the application by way of the local newspaper, through first class mail to all property owners within 60 metres of the subject property, and a sign posted on the property.

Members of the public are welcome to attend the Committee of Adjustment meeting. At the meeting there is opportunity for input from those members of the public who may be directly or indirectly affected by the proposed minor variance.

Within 10 days from the making of the decision by the Committee, a notice of decision is issued to the applicant and those parties requesting notification.

If any individual or public body is not satisfied with the decision, they may appeal the decision to the Ontario Municipal Board (OMB). Such persons have 20 days from the date the decision is made to formally submit their request for an appeal. If after 20 days, no appeals are received, the decision becomes final and binding.