Minor Variance for Relief from Zoning By-Laws to Construct a Custom Build Home

Municipal Zoning By-laws help guide development and protect the rights of residents. If the property is covered by a site plan control by-law, building permit for the proposed development of a custom build home will not be issued until the plans and drawings for the proposed custom build home have been approved by the municipality. In addition to the planning approval and building permit which are required to construct a custom build home, other permits and approvals including Conservation Authority may be required.

Zoning by-law rules that apply to the property must be determined during the preliminary planning stage of a custom build home project. Municipal Zoning by-laws regulate the use, size, location, and types of custom build homes permitted on property. The Municipal By-law contains a wide array of land use and development regulations that must be met before a property can be used or a custom build home erected.

The regulations address such matters as:

• Setbacks from the property lines
• Height
• Floor areas
• Lot coverage (usually a maximum percentage of the lot that may be covered)

When a building permit application is made for a custom build home, the Municipal Building Department staff will make a comparison between the proposed custom build home and the minimum development requirements set out in the municipal zoning by-law. If one or more municipal zoning by-law requirements cannot be met and it is not possible to revise the proposed custom build home to fully conform to the municipal by-law, you are provided the option of seeking minor variance approval. If all provisions of the municipal zoning by-law are met no minor variance approval is required and you may proceed to the next step in the building permit application process for the custom build home. Minor Variances for a proposed custom build home are heard by the Committee of Adjustment.

The owner of any land, or any person authorized in writing by the owner who is unable to comply with the provisions of the Zoning By-law for the construction of a custom build home may apply to the Committee of Adjustment by means of an "Application for Minor Variance".

A Minor Variance provides approval for the proposed custom build home that does not fully comply with the Municipal Zoning By-law. A Minor Variance will not change the Zoning By-law, it merely grants a relief from certain existing provisions/standards of the Zoning By-law, where appropriate for the proposed custom build home.

The Planning Act directs that the Committee of Adjustment must be satisfied that an application for a minor variance on four points — that the zoning variance requested maintains the intent and purpose of the Official Plan and Zoning By-law; that it is considered desirable for the appropriate and orderly development or use of the land; and that the zoning variance(s), in the view of the Committee is truly minor in nature. The Committee of Adjustment operates as a quasi-judicial tribunal in accordance with the authorization granted to it under the Planning Act.  The Planning Act directs the Committee with respect to the scope of its authority; the considerations that it must have when making any decision on an application presented to it; and the administrative provisions it must comply with regarding notice of Minor Variance applications and hearing procedure.

A Notice of Hearing Sign for your minor variance application under Section 45(1) or application for permission under Section 45(2) of the Planning Act will be provided by the Secretary-Treasurer of the Committee of Adjustment.

This sign must be posted at least 10 days before the actual Committee of Adjustment meeting date to comply with the requirements of the Planning Act. The sign must be attached to a stake and put in the ground in the boulevard in front of the property so that it is clearly visible from the road.

Once the sign has been posted the municipality must be notified. Failure to comply will result in the application for the minor variance being tabled until the next available Committee of Adjustment meeting and until the sign is posted and the applicant has complied with the requirements of the Planning Act. Remove the sign, 21 days after the Committee of Adjustment has made a decision on the application for the minor variance. 

Minor Variances may be granted provided that, in the opinion of the Committee of Adjustment, the request is minor in nature, is desirable for the appropriate development or use of the land and if in the opinion of the Committee of Adjustment , the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

Relief from the provisions of Zoning By-Laws may be required to permit reduced lot frontages, reduced minimum interior side yard setbacks, increased building height, increased maximum gross floor area and increased maximum lot coverage to accommodate construction of a typical 2 storey custom built home.

Our fee for applying for the required minor variances to construct a custom build home, on behalf of the property owner and attending a committee of adjustment meeting is $795^+HST

For Additional Information Contact:

Miaoyi Xue BASc (Civil Eng) - Zoning Specialist,

or

Joo Min Park, M.Eng

Project Principal

Land & Building Experts

Call Anytime (416) 332 1743

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Text Messages: 416 727 8336



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