What is a Minor Variance?

The Ontario Planning Act governs how Ontario municipalities must manage planning in their Communities. It lays out the requirements for Official Plans and Zoning By-laws. Section 44 of the Planning Act allows municipalities to establish a Committee of Adjustment to review applications to amend some provisions of a Zoning By-law as it relates to a specific property. Changes to building size, height, setbacks, parking requirements, and use are among the typical matters requested through the Committee of Adjustment.

For a Minor Variance to be approved, it must meet the four tests outlined in the Planning Act. They are;

  • Does it comply with the municipality’s Official Plan?
  • Is it consistent with the general intent of the Zoning By-law?
  • Is it minor, or will it have a minor impact on the neighbouring properties?
  • Will it result in the desirable development of the property?
Minor Variance Experts
Minor Variance Experts

Committee of Adjustment process

All Greater Toronto Area municipalities have established a Committee of Adjustment. An applicant must prepare detailed drawings or plans for submission for Zoning Review. Municipal staff will advise a property owner whether any part of the proposal does not comply with the current zoning for the property.

We will ensure that a complete application is filed, including drawings, required forms, Planning Rationale for the proposal, and other required reports and materials.

Once the application is deemed complete, and the fee paid. We will work with you to ensure that all timelines are adhered to, assist you with outreach to neighbours, communicate with city departments and agencies to ensure that they properly understand the application.

Finally, we will represent you at the hearing where your application is being considered. We will prepare presentation materials, speak on your behalf, and answer the Committee’s questions.

Appealing a Decision

Committee of Adjustment Decisions can only be appealed by the Applicant/Property Owner, the Minister of Municipal Affairs, and certain public bodies. If the Committee approves your application, it is highly unlikely that the Minister of a public body will appeal the approval. Unhappy neighbours, or ratepayer groups, cannot appeal the decision.

If your application is refused, or if conditions are imposed which you cannot agree to, you have the right to appeal the decision. In the City of Toronto, your appeal goes to the Toronto Local Appeal Body (TLAB). For all other municipalities, your appeal would be to the Ontario Land Tribunal (OLT).

Minor Variance Experts