What is a minor variance and how do I apply for one?

A minor variance in Ottawa is permission from the Committee of Adjustment to build something that doesn't quite meet current zoning requirements - like building a deck 1 foot closer to your property line than normally allowed, or having a slightly taller fence than the bylaw permits.

What Qualifies as a Minor Variance

In Ottawa, you need a minor variance when your project doesn't comply with zoning bylaws but the deviation is considered "minor." Common examples include:

• Setback requirements (building closer to property lines than allowed)
• Height restrictions (slightly taller structures)
• Lot coverage (covering more of your lot than permitted)
• Parking requirements (having fewer spaces than required)
• Accessory building sizes or locations

The Committee of Adjustment uses four tests: the variance must be minor in nature, desirable for appropriate development, maintain the general intent of the zoning bylaw, and maintain the general intent of the Official Plan.

Ottawa Application Process

You apply directly to the City of Ottawa's Committee of Adjustment, not through Building Code Services. The application fee is approximately $1,200-$1,500 depending on the type of variance requested. You'll need to submit detailed drawings, a survey showing existing conditions, and written justification explaining why the variance is needed.

The process typically takes 8-12 weeks from application to decision. Your application gets circulated to various city departments and nearby property owners are notified. There's a public hearing where you (or your representative) present your case, and neighbors can voice support or objections.

Required Documentation

You'll need a current survey of your property, detailed site plans showing existing and proposed structures, elevation drawings, and photographs of the area. The city requires specific technical drawings - many homeowners hire a designer or architect to prepare these properly. Your contractor should be familiar with what's needed but won't typically prepare the variance application themselves.

What to Watch For

Be realistic about what constitutes "minor" - asking to build 10 feet into a required setback likely won't be approved. The Committee considers impact on neighbors heavily, so significant opposition can sink your application. Some contractors promise they can "get any variance approved" - this is a red flag. No one can guarantee approval.

Also, you need the variance BEFORE applying for your building permit. Don't let a contractor start work hoping the variance will be approved later. If denied, you may need to modify or abandon your project.

Getting Help

Contact the Committee of Adjustment at 613-580-2424 or visit ottawa.ca and search "minor variance." The planning staff can provide preliminary feedback on whether your request might be considered minor. Many applicants hire planning consultants who specialize in variance applications - they understand what the Committee looks for and can present your case effectively.

Remember, even with an approved variance, you still need proper building permits from Building Code Services for the actual construction work.