Navigating the world of property development can often be a complex journey, especially when it comes to understanding the various legal requirements and procedures. One such procedure that property owners in Ontario may encounter is the need for a minor variance. This article will provide a comprehensive guide on how to obtain a minor variance in Ontario and explore the various uses for it.
Understanding Minor Variances
A minor variance is a special permission granted by the local municipality to deviate slightly from the zoning bylaws. This is typically required when a property owner wants to make changes to their property that don’t fully comply with the zoning regulations.
For example, if you wish to add an extension to your home that exceeds the maximum height or setback requirements, you would need to apply for a minor variance. It’s important to note that the variance must be minor in nature, meaning it can’t significantly alter the intent of the zoning bylaw.
When is a Minor Variance Required?
A minor variance is required whenever a property owner wants to make changes to their property that don’t fully comply with the zoning bylaws. This could include changes to the building’s height, size, or location on the lot.
It’s also required when changing the use of a property in a way that’s not fully compliant with the zoning bylaw. For example, if you wanted to operate a small business from your home in a residential zone, you might need a minor variance.
How to Obtain a Minor Variance in Ontario
Obtaining a minor variance in Ontario involves a series of steps that must be followed carefully to ensure a successful application. These steps are designed to ensure that the proposed changes are minor in nature and won’t negatively impact the surrounding community.
It’s important to note that the process can vary slightly depending on the municipality, so it’s always a good idea to check with your local planning department for specific requirements.
Step 1: Pre-Application Consultation
Before submitting your application, it’s recommended to have a pre-application consultation with the local planning department. This will give you an opportunity to discuss your proposal and understand whether a minor variance is the right path for your project.
During this consultation, the planning staff can provide valuable feedback and help identify any potential issues that could arise during the application process. They can also provide guidance on how to prepare your application and what supporting documents you’ll need.
Step 2: Submitting Your Application
Once you’ve had your pre-application consultation, the next step is to submit your application. This typically involves filling out a form provided by the municipality and submitting it along with any required supporting documents.
These documents can include a site plan, floor plans, and elevation drawings of your proposed project. You’ll also need to provide a written explanation of why you need the variance and how it meets the four tests under the Planning Act.
Step 3: Public Notice and Hearing
After your application is submitted, the municipality will issue a public notice of your application. This is typically done by mailing a notice to all property owners within a certain radius of your property and posting a notice on your property.
A public hearing will then be held by the Committee of Adjustment, where you’ll have the opportunity to present your proposal and answer any questions. Members of the public will also have the opportunity to express any concerns or objections they may have.
Step 4: Decision
After the public hearing, the Committee of Adjustment will make a decision on your application. If your application is approved, you’ll be granted the minor variance and can proceed with your project. If your application is denied, you have the option to appeal the decision to the Local Planning Appeal Tribunal.
What a Minor Variance Can Be Used For
A minor variance can be used for a variety of purposes, depending on the specific needs of the property owner. As mentioned earlier, it’s commonly used when a property owner wants to make changes to their property that don’t fully comply with the zoning bylaws.
However, it can also be used to legalize existing structures or uses that don’t comply with the zoning bylaw. For example, if you purchased a property with an existing structure that doesn’t comply with the current zoning bylaw, you could apply for a minor variance to legalize it.
Residential Uses
In a residential context, a minor variance can be used for things like home additions, accessory structures (like sheds or garages), and home-based businesses. It can also be used to allow for secondary suites, like basement apartments, that might not otherwise be permitted under the zoning bylaw.
Commercial Uses
For commercial properties, a minor variance can be used to allow for changes to the building’s size, height, or location on the lot. It can also be used to allow for changes in use, like converting a portion of the building to a different type of business.
Industrial Uses
In an industrial setting, a minor variance can be used to allow for expansions or modifications to existing buildings. It can also be used to allow for changes in use, like converting a portion of the building to a different type of industrial use.
Conclusion
Obtaining a minor variance in Ontario can be a complex process, but with the right knowledge and preparation, it can be a valuable tool for property owners. Whether you’re looking to make changes to your property or legalize an existing use, a minor variance can provide the flexibility you need to make your project a reality.
Remember, it’s always a good idea to consult with a professional, like a planner or lawyer, before starting the process. They can provide valuable advice and guidance to help ensure a successful application.
