What is a Minor Variance?
A minor variance is a small variation from the requirements of the Zoning By-law. A minor variance approval is a special permission, because it allows the property owner to obtain a building permit even though their property does not comply precisely with the Zoning By-law. Under Section 45(1) of the Planning Act there are four tests a minor variance must meet:
- Does the application conform to the general intent of the Official Plan?
- Does the application conform to the general intent of the Zoning By-law?
- Is the application desirable for the appropriate development of the lands in question?
- Is the application minor?