Minor Variance

What is the mandate of the Committee of Adjustment?

The Planning Act provides that a Committee of Adjustment may consider requests:

• To grant relief from the provisions of any zoning by-law, interim control by-law, and certain other by-laws if authorized by council.
• To enlarge or extend an existing legal non-conforming building or structure.
• To change a legal non-conforming use to one similar to or more compatible with, the uses permitted by the zoning by-law.

What is a minor variance?

This question has not been definitively answered; however, the former Ontario Municipal Board has said, "there is no inflexible rule as to what is or is not minor. It is a relative term and must be interpreted concerning the particular circumstances involved”. In addition, the Divisional Court has stated, "no hard and fast criteria can be laid down; the question of whether a variance is minor must, in each case, be determined in light of the particular facts and circumstances of the case. It is for the Committee and, in the event of an appeal, the Local Planning Appeal Tribunal to determine the extent to which a by-law provision may be relaxed and a variance still classed as 'minor'”. It is, therefore, up to the Committee of Adjustment, when considering applications for a minor variance, to take all of the application's particular circumstances into account and determine whether or not the variance requested is minor.

How does the Committee reach decisions?

The Committee, when reviewing a minor variance application, must consider the following matters known as the four tests:

• Is the variance minor?
• Is the variance desirable for the appropriate development of the lands in question?
• Is the general intent and purpose of the Zoning by-law maintained?
• Is the general intent and purpose of the Official Plan maintained?

For the Committee of Adjustment’s decisions to be valid, all these matters must be considered and included in the decision.

When can the Committee of Adjustment’s decision be expected on an application?

Generally, the application is heard if the Committee has all the necessary information to fully evaluate the request at the hearing. A decision is rendered at the hearing and is not final until 20 days have lapsed and no appeal has been filed with the secretary-treasurer.