What is a Minor Variance?

You have probably heard this term from time to time. Once thing to know right away is that the term "minor" is not always taken literally. It refers to a request made of the local municipality to make a variance of a by-law that may be necessary to make a change or bring a present condition into being legal.

A simple example of this may be that a current bylaw requires that a home be situated 4 feet from a property line. Should the home be only 3 feet then it would require a "minor variance" of 1 foot, which for all intents and purposes would be granted since no one would require or expect the home or the lot line to be moved.

The most significant thing in this case is the application fee, which is about $300 together with attendance at a regularly scheduled hearing. Where a "minor variance" would not be necessarily taken literally would be in the case of a severance to create a lot that is say - 30 feet wide when the by-law requires 50 feet. In this case a 20 foot variance may seem "major" however if the lots in the surrounding area are 30 - 35 feet then the variance would likely be granted. If you know someone contemplating severance feel free to contact me with the details.

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By Wayne Haroutunian
wayne@realestateguy.ca  •  www.realestateguy.ca

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Wayne Haroutunians' articles appear in many national real estate publications