When Is a Variance No Longer Minor?

At some point, you probably have seen a notice from the Committee of Adjustment about a development application near you. The reason you are receiving the notice is because, in the application process, an examiner has decided there are elements in the application that exceed what the current bylaws permit.

In legalese, these are called “Minor Variances”.

In our experience at the Committee of Adjustment and TLAB, so-called “minor” variances can often be anything but what most people would consider minor. We’ve seen variances that are double or triple what the bylaws permit. Because the legal framework for minor variances is vague, these minor variances are the underlying source of the most debate in development applications.

A recent example is the proposed development between Long Branch Avenue and Thirty First Street calls for condo towers that are 30 storeys tall – very different from Long Branch’s low-rise character and taller than any other building in the neighbourhood.

Planning and Housing Committee Item – 2024.PH9.13

On January 29th, the councillor for Ward 11 is presenting a proposal for the Planning and Housing Committee to implement a bylaw that defines how far a design element can deviate from the standard before it no longer qualifies as a minor variance. It will be well worth sitting in on the presentation to see if our Planning Department will agree to move forward with a plan to provide clear guideliness to developers on the definition of “minor variance”.

Here’s a link to the agenda item. https://secure.toronto.ca/council/agenda-item.do?item=2024.PH9.13

The Planning Act allows municipalities to adopt measures to define limits on what can be called minor, so what Councillor Saxe is proposing is consistent with the regulatory framework.

Thus far, Toronto’s Planning Department has apparently decided to take a wait-and-see approach.

Oakville’s Town Council tried to introduce limits on minor variances a few years ago, but this did not go through. It seemed Toronto wanted to see how the concept went over in Oakville before considering it for our City.

Here’s What You Can Do

Maybe now we’ll see some action. But don’t hold your breath. Let our councillor – and Deputy Mayor – Amber Morley know how you feel about minor variances and submit your thoughts and feelings to the Planning and Housing Committee.