B. Marin

The appellant appealed a Committee of Adjustment decision refusing minor variances for a property.

The variances sought to reduce rear yard soft landscaping and increase lot coverage to accommodate an existing patio, pool, and cabana.

Based on uncontested expert land use planning evidence, the tribunal found the variances met the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were approved.