Minor Variances

Minor variance applications are required whenever a building project expands beyond the as-of-right building envelope, exceeds the permitted floor space index, is inconsistent with a permitted use, or runs contrary to any other zoning by-law standards set by a city.  Minor variance approvals make it possible for parties to stray from the strict requirements of a zoning by-law without having to engage in the more prolonged and complicated process of amending (rewriting) those by-laws.  In order to be approved the variances from the bylaw must be minor and able to meet the other tests enumerated under Section 45(1) of the Planning Act.  Mazierski Law prepares and presents applications to the Committee of Adjustment (COA) and handles appeals of COA decisions to the Toronto Local Appeal Body (TLAB) or the Ontario Land Tribunal (OLT).

Severances

Severance (consent to sever) applications are filed when a party intends to subdivide a lot into multiple parcels.  Severance approvals enable for simple subdivisions of land (usually one lot into two parcels) without requiring applicants to go through the more time consuming and costly process of drafting a plan of subdivision.  The legal test used to determine whether a severance ought to be approved focuses on the factors enumerated under Section 51(24) of the Planning Act.  A severance application is typically accompanied by multiple minor variance applications in order to permit the buildings that are being proposed for the newly created smaller lots.  The two are usually handled together at both the Committee of Adjustment (COA) and the appeal tribunals (TLAB and OLT).

Plans of Subdivision

When a party aims to subdivide a piece of land into more than two or three lots a simple severance application may not be appropriate, as the situation may instead necessitate a more elaborate and comprehensive plan of subdivision for the proper and orderly development of the community.  The appropriateness of a draft plan of subdivision is evaluated based on the same Section 51(24) factors as a severance.  Mazierski Law can assist clients by helping oversee the initial application with the city and by handling the appeal hearing at the OLT.

Zoning By-Law Amendments

Zoning by-law amendments are required when a party intends create a built form or use a property in a manner that is so inconsistent with the zoning by-law that mere minor variance permissions become an insufficient and inappropriate mechanism for approving the building or use of the property.  Mazierski Law can assist clients by helping oversee the initial application with the city and by handling the appeal hearing at the OLT.

Official Plan Amendments

Official Plans are higher order policies outlining the types of development permitted on city lands and setting the broad parameters that are refined and implemented by the more specific zoning by-laws.  Official Plan amendments are generally necessary when project cannot be brought in compliance with city requirements via a ordinary rezoning because the plans are nonetheless inconsistent with the higher level Official Plan.   Official plan amendments typically work in tandem with zoning bylaw amendments at both the city and appeal level.