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A variance is permission granted to an employer to deviate from the requirements of an OSHA standard under specified conditions.
A minor variance is the relief from the terms of a zoning by-law where a proposed use or structure does not conform exactly to the zoning by-law. The Committee of Adjustment can also approve the expansion of a legal non-conforming use and similar uses.
Sub-section 45(l) of the Planning Act (PA) sets out four statutory tests which must be considered by the tribunal and satisfied by the applicant, before an Application for zoning variance can succeed. If the Application fails any one of the Four Tests, while passing the other three, then the Application must fail.
Until McNamara, it was accepted that a minor variance application has to meet the following four tests in order to potentially be approved: the application must be minor; it must be desirable for the appropriate development or use of the land, building or structure; it must maintain the general intent and purpose of
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