Minor Variance Applications

A minor variance is special permission that may be granted to a property owner upon application to the Township. A variance, in effect, excuses a land owner from a specific requirement of the Zoning By-law.

Section 45(1) of the Planning Act states that the Committee of Adjustment (Council) may authorize a minor variance from the provisions of the Zoning By-law. This authorization can occur “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.”

In accordance with the Planning Act, when evaluating an application for minor variance, Staff and the Committee of Adjustment must consider how the proposal meets the ‘four tests' of a minor variance. Each test must be met in order for the Committee of Adjustment to approve an application.

A minor variance application seeks permission to vary from the requirements of the Zoning By-law. Common variance applications seek minor relief from a side yard or front yard requirements. The Planning Act establishes four tests that the Committee must consider when arriving at a decision.

Four Tests

1. The variance must be minor in nature.
2. The variance must be desirable for the appropriate development or use of the land, building or structure.
3. The general intent and purpose of the Zoning By-law must be maintained.
4. The general intent and purpose of the Official Plan must be maintained.