You’re a homeowner, indie developer, or someone otherwise new to the planning, development, or building game — and you’re excited about the beautiful home, triplex, garden suite, or multiplex you’ve got in the pipeline. But then, the building department lets you know that your proposal doesn’t comply with the zoning by-law. You’re going to need to apply for variances.
At this point, it’s important to understand that the Committee of Adjustment (CoA), or on appeal, a land tribunal such as the Toronto Local Appeal Body (TLAB) or Ontario Land Tribunal (OLT), is tasked with determining whether a requested variance is truly minor. While applicants often approach their submission believing their variances meet the test, the decision-makers assess the overall impact and context — not just the numerical deviation — to decide if the proposed change fits within planning principles and the character of the surrounding area.
In the industry, these applications are commonly called “minor variance applications.” But technically, you’re applying for variances — and it’s up to the adjudicator to determine whether they are minor or not. A single variance might be found to have too great an impact to be considered minor, or the combination of several variances may collectively cross the line.
Keeping this in mind can help you — as the property owner, designer, or planner — weigh design and building performance trade-offs strategically. It also prepares you for the possibility of refining your plans before the hearing, or revisiting them on appeal. Whether you’re preparing drawings, commissioning studies, or planning how to explain your case, a clear-eyed understanding of this distinction will help you build a stronger, more resilient application.
In future posts, we’ll dive deeper into the case law and planning analysis that inform how decision-makers interpret “minor” — including examples of when variances were approved, rejected, or adjusted.
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