J.-P. Blais

The applicants appealed the City of Thorold's refusal of a minor variance application to reduce the minimum rear yard setback from 7.5 metres to 3.1 metres for a retained parcel following a consent to sever.

The Tribunal heard uncontested expert planning evidence that the variance recognized an existing dwelling location and met the four tests under s. 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variance, finding it represented good land use planning and was consistent with provincial and local policies.

The applicants appealed the County's refusal of a zoning by-law amendment and failure to make a decision on consent applications to create two new rural residential lots and reduce the Minimum Distance Separation setback from an adjacent horse barn.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the applications consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the County's Official Plan, and in keeping with the Minimum Distance Separation Guidelines.

The Tribunal approved the settlement, allowing the appeals in part to amend the zoning by-law and grant provisional consent subject to conditions.