A minor variance is a special permission to excuse a landowner from one or more of the rules set out in the the Zoning By-law. A minor variance cannot add new uses or allow prohibited uses, but can help with things like reducing a setback, increase in height or other zoning regulations.
The authority for the Township to give a minor variance is from Section 45(1) of the Planning Act.
When evaluating an application for minor variance, Staff and the Committee of Adjustment must consider how the proposal meets the what is known as the ‘four tests’ of a minor variance. Each test must be met in order for the Committee to approve an application.
Four Tests:
- The variance must be minor
- The variance must be desirable for the appropriate development or use of the land, building or structure
- The general intent and purpose of the Zoning By-law must be maintained
- The general intent and purpose of the Official Plan must be maintained
Should you be interested in submitting an application for Minor Variance, you are encouraged to consult with planning staff to ensure your proposal is supported by the four tests.