Minor variances come up on a lot of our investor projects: a setback that’s a little short, a lot coverage that’s slightly over, a parking count that doesn’t quite work. The process is very manageable — if you understand what it’s for and how the hearing actually plays out.
What a Minor Variance Is
A minor variance is permission to depart slightly from the requirements of your municipality’s zoning by-law. It’s granted by the Committee of Adjustment (the CofA), a local committee of appointed members.
Typical examples:
- Reduced side or rear yard setbacks
- Increased lot coverage or floor area
- Reduced parking spaces
- Increased building height or depth
- Reduced landscaped open space
What a Minor Variance Is NOT
This is the most common misunderstanding we see. A minor variance only deals with zoning. It does not deal with the Ontario Building Code.
If your issue is a Building Code issue — ceiling height, fire separation, egress, spatial separation — the Committee of Adjustment can’t help you. Those are handled through the building permit process, often with an alternative solution: a proposal that shows your design achieves at least the same level of performance as the Code requirement. Alternative solutions are reviewed by the building department, not the CofA.
Zoning issue → minor variance. Building Code issue → alternative solution (or redesign).
The Four Tests
Under the Planning Act, the Committee must be satisfied that the variance:
- Is minor
- Is desirable for the appropriate development or use of the land
- Maintains the general intent and purpose of the official plan
- Maintains the general intent and purpose of the zoning by-law
“Minor” isn’t only about numbers. A small variance with a big impact can be refused; a larger variance with little impact can be approved.
How the Process Works
- Zoning review. Confirm exactly which variances you need. Missing one means another application later.
- Application. Drawings, forms, fees and sometimes a planning letter are submitted to the Committee.
- Circulation and notice. The City circulates your application to departments and agencies. Neighbours within a set distance (usually 60 metres) are notified, and a sign may need to be posted.
- Staff report. The City planner prepares a report recommending approval, refusal or conditions. This often comes out just a few days before the hearing — sometimes the day before.
- Hearing. You (or your agent) present the application. Neighbours can speak or submit comments. The Committee decides.
- Decision and appeal period. A written decision follows, with a 20-day appeal period before it becomes final.
Realistic timeline: 2 to 4 months from application to decision in most municipalities, plus the 20-day appeal period.
Why the City Planner’s Support Matters So Much
The Committee isn’t bound by the staff report, but it carries a lot of weight. An application with the planner’s support is in a much stronger position.
That’s why we recommend:
- Talking to planning staff before you apply, where the municipality allows it
- Keeping variances as small as possible — ask only for what you need
- Showing you’ve addressed their concerns (privacy, drainage, massing, parking)
- Being ready to revise if the planner suggests reasonable changes
If the Planner Doesn’t Support You: The Deferral Option
Because staff reports often arrive just before the hearing, you may learn the City doesn’t support you only days in advance. You don’t have to go ahead and risk a refusal.
At the hearing (or before it), you can ask the Committee for a deferral to a later meeting. That gives you time to meet with the planner, revise the proposal and come back with their support. Deferrals often come with an extra fee and add a month or more, but that’s far better than a refusal on the record.
What Happens If You’re Refused
If the Committee refuses your application, you can appeal to the Ontario Land Tribunal (OLT) within 20 days of the decision. (In Toronto, minor variance appeals go to the Toronto Local Appeal Body.)
Appeals take time, cost money and usually need a land use planner and sometimes a lawyer. They’re worth it when you have a strong planning case — not as a reflex.
One important change: since Bill 23 (2022), neighbours and ratepayer groups can no longer appeal a minor variance decision. Only the applicant, the municipality, the Minister, “specified persons” (like utilities) and public bodies can. Neighbours can still oppose your application at the hearing, though, so they still matter.
Other Things Our Clients Should Know
- Neighbours matter. Speaking with neighbours before the hearing can turn opposition into support.
- Conditions are common. Approvals may come with conditions you must satisfy before a permit is issued.
- Decisions can lapse. Some approvals have time limits. Don’t sit on them.
- Check for as-of-right options first. Recent provincial changes allow some small zoning deviations without a variance in certain cases. Always ask before applying.
- Your building permit waits. You generally can’t get a building permit for work that relies on a variance until the decision is final and binding.
How Rojas Empire of Design Helps
- Zoning review to identify every variance before you apply
- Drawings for the application package prepared for the Committee
- Revised drawings if the planner requests changes or you choose to defer
- Referrals to land use planners for representation, and to lawyers if an appeal is needed
Please note: we do not represent clients at Committee of Adjustment hearings or file applications on their behalf. You can represent yourself at the hearing, or hire a land use planner to prepare the application, speak with staff and represent you. On applications where the planner’s support is uncertain, we strongly recommend hiring one.
Final Thoughts
Minor variances are routine, but they’re not automatic. Get your variances right, get staff on side and know when to defer. And remember: if it’s a Building Code problem, a variance won’t fix it.
Not sure whether you need a variance or an alternative solution? Send us the details. We’ll tell you which route applies.
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