Out Of The Box Engineering
Out Of The Box Engineering
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Committee of Adjustment: What to Expect at Your Hearing

A minor variance hearing can feel intimidating if you've never been through one. Here's a plain-language guide to the process from application to decision.

Bhaskar Joshi— Principal EngineerMay 20, 20268 min read
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Committee of Adjustment hearing room

If your project can't meet every zoning requirement — a rear yard setback, lot coverage limit, or building height — you'll need a minor variance from the Committee of Adjustment. This guide walks through the process from application to decision day.

What is a minor variance?

A minor variance is permission from the Committee of Adjustment to depart from one or more specific requirements in the zoning by-law. It is not a rezoning — it doesn't change the by-law for everyone, just for your specific property for the specific project described in the application.

The four tests

The Committee must be satisfied that a variance meets all four tests under Section 45(1) of the Planning Act:

  1. The general intent and purpose of the official plan is maintained
  2. The general intent and purpose of the zoning by-law is maintained
  3. The variance is desirable for the appropriate development of the land
  4. The variance is minor in nature

Your application and hearing presentation must address all four, not just argue that neighbours don't object.

Timeline

From filing to decision day is typically 6–10 weeks. The municipality circulates the application to neighbours and agencies during the first three weeks. You'll receive their comments before the hearing.