Variance

Explore how zoning variances work in Canadian real estate, why they're needed, and how to apply for one when planning property improvements.

Variance



What is a Variance?

A variance is a formal exemption granted by a municipality allowing a property owner to deviate from local zoning bylaws under specific circumstances.

Why Do Variances Matter in Real Estate

In Canadian real estate, zoning bylaws govern property use, setbacks, height restrictions, and lot coverage. When a proposed construction project or renovation does not comply, the owner may apply for a variance.


Common reasons for variances include:
  • Building closer to a property line than permitted
  • Adding a structure taller than zoning allows
  • Expanding a non-conforming building

Municipalities evaluate variance applications based on:
  • Whether the change is minor
  • Whether it meets the general intent of the bylaw
  • Whether it will negatively impact neighbours or the community


Public notice and hearings are typically required. Approval is granted by a committee of adjustment or zoning board. Denied variances may require project redesign or appeal.


Understanding variances allows homeowners and developers to navigate zoning restrictions and explore site-specific flexibility.

Example of a Variance

A homeowner applies for a variance to build a two-storey garage that slightly exceeds the height limit in their zoning district.

Key Takeaways

  • Allows minor exceptions to zoning rules.
  • Requires municipal application and review.
  • Common for additions or non-standard builds.
  • Public input and hearings may apply.
  • Must show no major adverse impact.

Related Terms

  • Zoning
  • Land Use Bylaws
  • Setback
  • Building Permit
  • Official Plan

Additional Terms

Recourse Loan

A recourse loan is a type of loan where the lender can pursue the borrower’s personal assets, beyond the collateral, in the event of default.. more

Pari Passu

A pari passu clause is a contractual provision ensuring that multiple creditors share equally in repayment priority from the borrower’s assets.. more

Non-Recourse Loan

A non-recourse loan is a type of loan where the lender’s only remedy in case of default is to seize the collateral property; the borrower is not. more

Net Operating Income

Net operating income (NOI) is the total income generated by a property after operating expenses are deducted but before taxes and financing costs.. more

Mechanic's Lien

A mechanic’s lien is a legal claim by a contractor, subcontractor, or supplier for unpaid work or materials provided for a property.. more

Lis Pendens

Lis pendens is a legal notice filed in the land registry indicating that a property is subject to ongoing litigation that may affect its title.. more

More For You

Op-Ed: What Our Neglected Structures Say About What We Value
Ontario Place Redevelopment, March 30, 2025 / Shutterstock

This article was written and submitted by Richard Witt, an architect and principal at BDP Quadrangle where he tries to fill every half empty glass.

“Architecture is like clothing for our streets,” said Robert Wiljer, a professor I was fortunate enough to study under at the University of Waterloo. “Some people walk by and never notice what others are wearing. But for some of us, it matters deeply.” That line seems to be resonating with me more recently as I traverse the west end of Toronto, and I suspect would have the same resonance if I was able to get to other parts of the city (expediently).

Keep ReadingShow less
Brookfield acquired Shangri-La Vancouver earlier this year and is rebranding the hotel as a Hyatt.

Brookfield acquired Shangri-La Vancouver earlier this year and is rebranding the hotel as a Hyatt. / Peterson, DIALOG Design

Less than three months after acquiring the Shangri-La Vancouver, which is set to be rebranded by Hyatt, Canadian multinational investment firm Brookfield is looking to flip the retail component they acquired alongside the hotel, STOREYS has learned.

The Shangri-La Vancouver is located at 1128 W Georgia Street — between W Georgia Street and Alberni Street, along Thurlow Street — and consists of a 62-storey tower with 119 hotel suites on the first 15 floors and 307 residences above. Adjacent to the tower is a three-storey building at 1121 Alberni Street that houses retail space.

Keep ReadingShow less
My Neighbour, The Shelter

Welcome art at 629 Adelaide St. W shelter

A new homeless shelter recently opened in my neighbourhood, operated by St. Felix Centre. By definition, I am the one who is “supposed” to object — the neighbour who falls into the familiar NIMBY category. Instead, I want to explain why I support this project, and why it has the ingredients not only to succeed but to become a model for other shelters.

When Adaptive Reuse Meets Urgent Need

The shelter was created by renovating an existing building, rather than constructing a new one. This distinction is critical. New builds are often more difficult for communities to accept because they visibly alter the physical status quo of the neighbourhood. By repurposing an existing building, the change is primarily in use, not in built form. This reduces disruption while still addressing urgent need.

Keep ReadingShow less
The Pender Place office towers at 700-750 W Pender Street in Vancouver.

The Pender Place office towers at 700-750 W Pender Street in Vancouver. / Cadillac Fairview

Toronto-based private equity real estate firm KingSett Capital has acquired the twin office towers in downtown Vancouver known as Pender Place, after the high-profile complex was put on the market earlier this year.

Pender Place is located at 700 W Pender Street and 750 W Pender Street in the heart of downtown Vancouver, which are together a single 0.716-acre legal parcel with an address of 700 W Pender Street.

Keep ReadingShow less
TRREB Calls For More Rate Cuts As GTA Housing Market Shows Fragile Recovery
Shutterstock

While still far from recovered, the Greater Toronto Area (GTA) housing market continued to see increased activity in August as home sales grew on a year-over-year basis for the second month in a row. According to the Toronto Regional Real Estate Board (TRREB), there were 5,211 home sales last month, up 2.3% compared to August 2024.

This bump follows a 10.9% annual increase in home sales recorded in the previous month, which was the highest July home sales had been since 2021. On a seasonally-adjusted month-over-month basis, however, sales dipped 15.7% in August from July's 6,100 transactions.

Keep ReadingShow less
Op-Ed: The Future Of Ontario’s Cottage Market Depends On Smart Regulation
Shutterstock

This article was written and submitted by Jayne McCaw, Founder of Jayne’s Luxury Rentals in Port Carling, Ontario.

Ontario’s cottage country is more than a scenic getaway; it’s a critical engine for our province’s tourism economy. Muskoka alone welcomes over three million visitors annually, many of whom stay in short-term rental properties that allow families to gather, explore, and reconnect with nature. As the Founder of Jayne’s Luxury Rentals, which manages over 300 premium properties across Ontario, I’ve seen firsthand how essential short-term rentals have become — not just for guests, but for communities.

Keep ReadingShow less
11 Major Toronto Development Proposals From August
9 Shortt/Montgomery Sisam

From Etobicoke to Scarborough, unassuming parcels of land across the Greater Toronto Area are constantly being eyed up and targeted for housing development by the region's (and country's) array of industrious builders and developers. And, as the City sees a steady stream of building applications, STOREYS is right there waiting to sift through architectural plans and planning rationales for the best and biggest (and coolest!) coming up across the region.

Each month brings something different, from affordable housing to multi-tower luxury condos — but here are 11 stand-out submissions that were on our radar in the month of August.

Keep ReadingShow less
Osmington Gerofsky Advances Vandyk’s Multi-Tower Mimico Project In Receivership
Rendering of 39 Newcastle Street/TACT Architecture

One of a series of Greater Toronto Area addresses that were placed under receivership in late-2023 and early-2024 has cropped up on the City of Toronto’s development application portal, with Osmington Gerofsky Development Corp filing plans in mid-August for the site at 39 Newcastle Street. The site, which neighbours the Mimico GO station, at the southeast corner of Newcastle Street and Windsor Street, was set to be developed by the Vandyk Properties before the company fell into severe financial distress.

According to a planning report that went to the City in mid-August, Osmington’s application is on behalf of 2495065 Ontario Inc. — the single-purpose real estate entity formed by Vandyk to redevelop the site. According to a spokesperson with Osmington, the firm is only the applicant on the file and “have not taken any ownership interest.”

Keep ReadingShow less