Getting a minor variance approved in London, Ontario, typically takes about 2 to 4 months from the moment you submit a complete application. This timeline includes scheduling a hearing with the Committee of Adjustment and waiting out the mandatory 20-day statutory appeal period before the decision becomes final and binding.
Property owners in London frequently run into rigid zoning rules when trying to expand a business, build an addition, or maximize the utility of their commercial lot. If your proposed project is largely in line with the neighbourhood but slightly violates a specific zoning rule—such as being two feet too close to the property line, or having slightly less parking than required—you do not need a full rezoning. Instead, you need a Minor Variance.
A Minor Variance is a special permission granted by the City that allows you to legally deviate from the strict interpretation of the Zoning By-law. In London, these decisions are made by the Committee of Adjustment, an independent panel appointed by City Council. Navigating this process requires a clear demonstration that your request is truly minor, desirable for the land, and maintains the general intent of both the Zoning By-law and The London Plan.
Step-by-Step Minor Variance Process in London
The process is standardized across Ontario under Section 45 of the Planning Act. Whether you are tweaking a commercial storefront in Wortley Village or adjusting a lot requirement in a new subdivision, you must follow the correct administrative steps to secure your approval.
Step 1: Pre-Consultation and Drawing Preparation
Before applying, it is highly recommended to consult with London’s zoning department. 🗂 They will help identify exactly which by-law sections you are violating. You must then prepare detailed, to-scale site plan drawings. These architectural drawings must clearly show the existing structures, the proposed changes, and exact metric dimensions highlighting the variance you are requesting.
Step 2: Submitting to the Committee of Adjustment
You submit your application, drawings, and justification to the Secretary-Treasurer of the London Committee of Adjustment. Once deemed complete, your application is scheduled for a public hearing. A minimum of 10 days before the hearing, the City will physically post a Notice of Public Hearing sign on your property and mail notices to all neighbours within 60 metres of your lot.
Step 3: The Public Hearing and 20-Day Appeal Period
You or your agent (often a planner or lawyer) must attend the Committee of Adjustment hearing to explain why the variance is necessary. 🗣 Neighbours have the right to speak for or against your project. If the Committee grants approval, you cannot start building immediately. Under provincial law, there is a strict 20-day appeal period following the decision. If no one appeals during those 20 days, the decision becomes final and you can proceed to apply for your building permits.
How Much Does a Minor Variance Cost in London?
While significantly cheaper than a full Zoning By-law Amendment, a Minor Variance still carries meaningful municipal costs. The City of London has a tiered fee structure depending on the complexity of the variance.
| Minor Variance Category | Estimated Cost (CAD) | Details |
|---|---|---|
| Category 1 (Accessory Structures) | $594 – $614 | Minor issues like shedding, detached garages, or small accessory buildings. |
| Category 2 (Yard Setbacks) | $743 – $768 | Standard requests to build slightly closer to the property line. |
| Category 4 (Lot/Yard Requirements) | $1,782 – $1,841 | More complex variances involving lot coverage, height, or floor area ratios. |
| Ontario Land Tribunal Appeal Fee | $400 | The base provincial fee if you need to appeal a refusal to the OLT. |
How Long Does the Process Take?
The typical timeline from the moment you hit submit to the day you can apply for a building permit is roughly 8 to 12 weeks. ⏳ However, this assumes that the Committee approves your application on the first try and that no neighbours file an appeal. If an appeal is filed with the Ontario Land Tribunal (OLT), the process will be delayed by several additional months as you await a provincial hearing.
Frequently Asked Questions (FAQ)
What makes a variance minor?
In Ontario, a variance is not strictly judged by numbers (e.g., a 10% change). The Committee assesses impact. A variance is considered minor if the deviation does not create an unacceptable adverse impact on the neighbouring properties or the streetscape.
What happens if the Committee of Adjustment refuses my application?
If denied, you have 20 days to file a formal appeal to the Ontario Land Tribunal (OLT). Alternatively, you must revise your architectural plans to fully comply with the existing Zoning By-law.
Can I start building while waiting for the variance?
Absolutely not. The City of London will not issue a building permit until the Minor Variance is officially approved and the 20-day appeal period has completely elapsed without issue. Building without a permit can result in stop-work orders and hefty fines.
Do I need a lawyer for a Committee of Adjustment hearing?
While not legally required, having a local real estate lawyer, urban planner, or architectural designer present your case is highly recommended. They know how to address the four statutory tests required by the Planning Act to win approval.
What are the four tests of a Minor Variance?
Under the Planning Act, the variance must: 1) be minor in nature, 2) be desirable for the appropriate development of the land, 3) maintain the general intent of the Zoning By-law, and 4) maintain the general intent of the Official Plan.
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