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| Urban planning
Minor Variance
The minor variance mechanism serves for granting variances to certain zoning
provisions, but does not apply to land use or density.
The individual or legal entity seeking a minor variance must demonstrate that
the by-law in its current form would represent a serious prejudice to the
applicant, that the latter’s project complies with the spirit of the zoning
by-law and that the project would not infringe on rights of neighbouring owners.
A minor variance constitutes a permanent authorization for a given structure.
A variance thus introduces a certain degree of flexibility into by-laws by
resolving issues that could not be anticipated when urban planning regulations
were produced. The borough council will approve a minor variance if the
following conditions are met:
- Application of the provision of zoning by-law no.1700 or the subdivision
by‑law under which a minor variance is requested would result in serious
prejudice to the applicant.
- The minor variance must not serve to infringe on the enjoyment by
neighbouring property owners of their property rights.
- The minor variance must not pertain to land occupancy, use or density,
other than the exceptions noted in section 3 (provisions that could be covered
by a minor variance) of this by-law.
- If work is already underway or has been completed, the petitioner had in
good faith obtained the building permit or certificate of authorization for
such work.
- The minor variance in question must comply with urban plan objectives.
Required documents and information (13 paper copies and one numeric
copy)
- The application must be submitted in writing and include:
The last and
first name and address of the applicant
- A location certificate prepared by a surveyor for an existing structure.
- A site layout for a planned structure.
- A description of the lot.
- A list of planned or existing variances.
Charges : see Rates page. en
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