2.1 Minor Variances While…

2.1 Minor Variances
While staff supports the proposed regulation in principle as it would help reduce unnecessary burden from the residents in instances where the setback reductions are technical in nature, existing setbacks, resulting due to other requirements, do not impact functionality of the site, do not impact adjacent lands, etc., staff have the following concerns:
• Minor variances are not to be based on numerical assessment; it is rather the quality of the variance that make it minor in nature. By allowing as-of-right variations to setbacks, it would be difficult to address the impact of the reduction which may be less that 10% but the impact may be significant.
• As-of-right variations for already reduced existing legal non-complying conditions may pose significant concerns and conflicts.
• It is not clear if the as-of-right variations would be considered on a one-time basis for development. If there is no restriction on the number of times as-of-right variations can be used, the owner may be able to secure such as-of-right variations multiple times which cumulatively could result in undesirable conditions.
• May result in conflicting and varying interpretation of the zoning by-law by staff responsible to implement and enforce the zoning by-law e.g. planning, zoning staff, building inspectors, by-law, etc.
• If is recommended that there be flexibility and discretion granted to municipalities to review development applications on a case-by-case basis to implement the as-of-right variances. However, in relevant instances, municipalities should also have the ability to not exempt development applications from as-of-right variances where the impacts of the reductions to setbacks may worsen an existing situation (e.g. already reduced setback) and cause adverse impacts on either the subject lands or adjacent lands (e.g. drainage, accessibility). Allowing discretion to municipalities for as-of-right variances would also ensure that life and safety matters are addressed, and that intensification sites and compact developments are not further compromised and undesirable conditions created.
• The same comments apply for additional performance standards, should the Ministry consider granting as-of-right variations to additional performance standards.