The applicant appealed the City of Cambridge Committee of Adjustment's refusal of a minor variance application to permit an increase in the maximum number of used motor vehicles sold per service bay from two to five.
The subject property operates as a motor vehicle repair business in an industrial zone, where used car sales are permitted as an accessory use.
The Ontario Land Tribunal allowed the appeal and authorized the variance, finding that it satisfied the four tests under s. 45(1) of the Planning Act.
The Tribunal accepted expert planning evidence that the variance maintained the intent of the Official Plan and Zoning By-law, was desirable for the property, and was minor in nature, as the primary use would remain vehicle repair and the character of the area would not be negatively impacted.