Item - 2024.PH17.12

The Planning and Housing Committee:

1. Received the report (November 20, 2024) from the Interim Chief Planner and Executive Director, City Planning for information.

This report responds to motion 2024.PH9.13, which requested staff to report back on whether the City should adopt a by-law under Section 45 of the Planning Act to establish criteria that would limit what qualifies as a minor variance when applicants request additional height and density for large scale multi-storey development proposals that already hold site-specific zoning permissions as an outcome of a private application for a zoning by-law amendment (ZBLA).

This report provides an overview of the Committee of Adjustment's (CofA) role in reviewing applications for minor variances from City zoning by-laws, and a summary of minor variance applications related to site-specific zoning by-law amendments to inform the recommendations. Staff have analyzed if an additional criteria by-law pursuant to S.45(1.0.3) of the Planning Act, would be useful in determining the merits of applications seeking additional height and density for large scale multi-storey development proposals that already hold site-specific zoning permissions as an outcome of a private application for a zoning by-law amendment. Staff do not recommend that the City adopt a criteria by-law under Section 45 of the Planning Act for the reasons provided in this report.

Staff have analyzed minor variance data between 2014 and 2024, which includes pre- and post-legislative changes. The data indicates that the magnitude of the issue is relatively small and does not support the need for specific criteria. While the magnitude of the number of applications for an increase in height and density permissions has increased in recent years, the applications are concentrated in a few wards. Staff’s interpretation of the data is that the increase in applications is a response to recent market conditions; staff see no indicators in the data that this will be a long-term trend. The existing four tests under the Planning Act work well to determine the appropriateness of a minor variance for increased height and density related to a zoning by-law amendment. Staff believe a more impactful change would be for more consistent, and predictable commenting practices on these types of applications by Community Planning, which staff will implement administratively as a best practice going forward.