A Minor Variance is a proposed change to a property, which does not conform to the Zoning By-law.
A minor variance approval allows the property owner to obtain a building permit even though their property does not comply precisely with the zoning bylaw. Under section 45(1) of the Planning Act there are four tests that a minor variance must meet:
- Is the application minor?
- Is the application desirable for the appropriate development of the lands in question?
- Does the application conform to the general intent of the Zoning By-law?
- Does the application conform to the general intent of the Official Plan?
Permission allows the applicant to enlarge a building or structure, or may permit similar or more compatible use where land, buildings or structures have been lawfully used for a purpose now prohibited by the Zoning By-law.
Consent enables the applicant to enter transactions relating to the subdivision of land. These transactions can include the creation of a new lot; leases over 21 years; mortgage or partial discharge of a mortgage; foreclosure or exercise of power of sale; rights-of-ways and easements over 21 years; lot adjustments and extensions; and corrections to deeds or property descriptions.