A minor variance is permission from a municipality’s Committee of Adjustment to deviate slightly from a zoning by-law — for example, building closer to a lot line than the by-law allows, or exceeding a maximum height by a small margin. You need one whenever a project doesn’t fully comply with zoning but the non-compliance is small enough not to require a full rezoning.
When do you actually need a minor variance?
Most homeowners run into this during a renovation, addition, deck, garage, or accessory building project. A survey or building permit review turns up a conflict with the zoning by-law — the setback is a foot short, the lot coverage is a percentage over, the structure is a bit taller than permitted. Rather than redesigning the project to fit the by-law exactly, or applying for a full zoning by-law amendment, a minor variance asks the municipality to allow the specific deviation.
It’s not a workaround for ignoring zoning altogether. A variance has to stay “minor” in scope — a request to add a second storey where only bungalows are permitted, for instance, isn’t a minor variance; that’s a rezoning application.
What does the Committee of Adjustment look at?
Under Ontario’s Planning Act, a Committee of Adjustment applies four tests to every minor variance application. The proposal has to:
- Maintain the general intent and purpose of the official plan.
- Maintain the general intent and purpose of the zoning by-law.
- Be minor in nature.
- Be desirable for the appropriate development of the land.
All four have to be met. A project can be “minor” in the everyday sense of the word and still fail the test if it works against the intent of the zoning by-law or official plan for that area — this is where a planning consultant’s input matters, because the four tests are a legal standard, not a gut check.
What does the process look like?
- Zoning review — confirm what the by-law requires and exactly where the project doesn’t comply.
- Application preparation — supporting documents (site plan, elevations, survey) are prepared for the Committee of Adjustment.
- Circulation and notice — the municipality circulates the application to neighbouring property owners and relevant departments.
- Public hearing — the Committee of Adjustment holds a hearing where the applicant, neighbours, and staff can speak; the Committee decides based on the four tests.
- Decision and appeal period — following the hearing, there’s a mandatory appeal period before the decision is final.
How does this play out in Simcoe County and Muskoka?
Committee of Adjustment processes are run by each local municipality, so requirements and typical timelines differ between, say, Orillia, Barrie, and Muskoka-area townships. Working with a planning consultant who’s familiar with the specific municipality’s committee and staff can help identify issues with an application before it’s submitted, rather than after a hearing has been scheduled.
FAQ
Is a minor variance the same as a rezoning?
No. A minor variance allows a small deviation from an existing zoning by-law; a rezoning (zoning by-law amendment) changes what the by-law permits on the property. Larger or more fundamental changes need a rezoning, not a variance.
Can a neighbour object to my minor variance application?
Yes. Notice is circulated to surrounding property owners, and neighbours can attend the hearing and raise concerns with the Committee of Adjustment.
Do I need a survey to apply for a minor variance?
In most cases, yes — an accurate survey showing the existing conditions and proposed structure is typically required to support the application.
Can Morgan Planning handle the whole application for me?
Morgan Planning & Development prepares minor variance applications, manages municipal correspondence, and represents applicants through the Committee of Adjustment process.
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