What is a Minor Variance?
The question of what constitutes a 'minor variance' is not a question that can be, or has been definitvely answered. The 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 with respect to 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 Ontario Municipal Board, to determined the extent ot which a By-law provision may be relaxed and a variance is still classed as minor." It is therefore up to the Committee of Adjustment, when considering applications for minor variance to take all of the particular circumstances of the application into account and to determine whether or not the variance requested is, in the opinion of the Committee, minor.
Essentially, if your proposed change doesn't conform exactly to the Zoning By-law, but follows its general intent, you can apply for a minor variance. For example, you might want to locate something on your property but the shape of your lot won't let you meet the minimum setback.
A minor variance does not change a Zoning By-law, it simply excuses you from a specific requirement of the By-law and allows you to obtain a building permit, or other necessary approvals.
