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Frequently Asked Questions

What is a Minor Variance?

WHAT IS A MINOR VARIANCE? 

The question of what is a minor variance is not a question that has been definitely answered. However, the Municipal board has said “there is no inflexible rule as to what is or is not minor. It is a relative term and must be interpreted with respect to the particular circumstances involved.” In addition, the Divisional Court has stated “No hard and fast criteria can be laid down, the question whether a variance is minor must, in each case, be determined in light of the particular facts and circumstances of the case. It is for the Committee and, in the event of an appeal, the Ontario Municipal Board, to determine the extent to which a by-law provision may be relaxed and a variance still classed as ‘minor’.” It is, therefore, up to the Committee of Adjustment when considering applications for minor variance, to take all of the particular circumstances of the application into account and to determine whether or not the variance requested is, in the opinion of the Committee, minor.

 

The following links provide access to additional information respecting the Committee of Adjustment and Minor Variances. 

Should you require clarification of the information provided or assistance with respect to the completion of an Application for Minor Variance, please contact the Pl;anning Department at planning@brockville.com

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