Julianne Wright

The applicant constructed a semi-detached dwelling that exceeded the maximum permitted building height by 0.12 metres and sought a minor variance to legalize the structure.

The Committee of Adjustment applied the four-part test under subsection 45(1) of the Planning Act.

The Committee found that the variance was minor, desirable for the appropriate development of the land, and maintained the general intent and purpose of the Official Plan and Zoning By-law.

The application was granted, subject to the relief being restricted to the life of the building.

The applicants sought a minor variance to permit reduced side yard setbacks for an addition to their existing garage.

The Committee of Adjustment found that the requested variance met the four-part test under subsection 45(1) of the Planning Act, as it was minor, desirable for the appropriate development of the land, and maintained the general intent and purpose of the Official Plan and Zoning By-law.

The application was granted.

The applicants sought minor variances to permit reduced lot widths and areas for the construction of two detached dwellings.

The Committee of Adjustment considered the four-part test under subsection 45(1) of the Planning Act.

Finding that the proposal fits well in the area, respects the character of the neighbourhood, and represents orderly development, the Committee concluded the variances were minor and desirable.

The applications were granted subject to the submission of a Stormwater Management Brief.

The applicant sought a minor variance to permit a reduced lot area of 912.7 square metres, whereas the Zoning By-law requires a minimum of 1,390 square metres, to bring an existing lot into compliance for future residential development.

The Committee of Adjustment found that the application met the four-part test under subsection 45(1) of the Planning Act, noting no concerns from City Planning and no compelling evidence of adverse impacts.

The application was granted subject to conditions regarding the amendment of the Plan of Subdivision and the lifting of a 30-centimetre reserve.

The applicant sought consent under section 53 of the Planning Act to sever a property into two separate parcels, each containing an existing detached dwelling.

The Committee of Adjustment considered the criteria under section 51(24) of the Planning Act and found the proposal consistent with the Provincial Policy Statement.

The application was granted subject to standard conditions of provisional consent, with the exception of a noise attenuation study condition which was removed.

The applicant sought minor variances to permit a reduced front yard setback of 4.39 metres for a proposed semi-detached dwelling with additional dwelling units.

The Committee of Adjustment found that the requested variances met the four-part test under subsection 45(1) of the Planning Act, noting no objections and no adverse impacts on neighbouring properties.

The applications were granted.

The applicants sought consent under section 53 of the Planning Act to sever their property into two separate parcels, creating separate ownership for each half of an existing semi-detached dwelling, and for a joint-use and maintenance agreement.

The application was unopposed and supported by the City's Planning Report.

The Committee of Adjustment granted the application, finding it consistent with the Provincial Policy Statement and in compliance with the criteria under subsection 51(24) of the Planning Act, subject to standard conditions regarding servicing, grading, and the registration of a joint-use and maintenance agreement.

The applicants applied to the Committee of Adjustment for minor variances to permit the construction of a new two-storey detached dwelling.

The requested variances included reductions to the front yard and interior side yard setbacks, permitting a driveway between the front wall and the street, and a reduction in aggregated soft landscaping.

The Committee applied the four-part test under subsection 45(1) of the Planning Act and found that the variances were minor, desirable for the appropriate development of the land, and maintained the general intent and purpose of the Official Plan and Zoning By-law.

The application was granted.

The applicants sought a minor variance to permit an increased building height of 8.51 metres for a detached dwelling under construction, whereas the Zoning By-law permits a maximum of 8 metres.

The Committee of Adjustment found that the requested variance met the four-part test under subsection 45(1) of the Planning Act.

The variance was deemed minor, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law.

The application was granted.

The applicants applied for a minor variance to permit a reduced total interior side yard setback to construct an addition expanding their existing single attached garage into a two-car garage.

The City's Planning Report raised concerns that the reduced setback, combined with an existing air conditioner and deck, would restrict access to the rear yard from the front yard.

The Committee of Adjustment refused the application, finding that the requested variance was not desirable for the appropriate development of the land and did not maintain the general intent and purpose of the Zoning By-law, as it failed to ensure adequate space between the dwelling and the lot line.

The applicant sought minor variances to permit a reduced interior side yard setback and a reduction in resident and visitor parking spaces to construct a seven-unit low-rise apartment building.

The Committee of Adjustment refused the application, finding that the requested variances did not meet the four-part test under subsection 45(1) of the Planning Act.

Specifically, the Committee found that the proposed reduction to zero visitor parking spaces was not desirable for the appropriate development of the land, did not maintain the general intent of the Zoning By-law, and was not minor, as no parking demand study was provided to demonstrate the absence of adverse impacts on the neighbourhood.

The applicant sought consent to sever a property into two separate parcels for future residential development, along with associated easements for vehicular and pedestrian traffic.

The Committee of Adjustment found the unopposed application consistent with the Provincial Policy Statement and satisfied the criteria under s. 51(24) of the Planning Act.

The application was granted subject to standard conditions, including cash-in-lieu of parkland, a joint use and maintenance agreement, and grading and servicing requirements.

The applicant sought consent under Section 53 of the Planning Act to establish an easement/right-of-way for parking in favour of the abutting property at 22 Concord Street North.

The application was unopposed and supported by the City Planning Report.

The Committee of Adjustment granted the application, finding it consistent with the Provincial Policy Statement and having adequate regard for the criteria under subsection 51(24) of the Planning Act.

The consent was granted subject to conditions, including filing a registered Reference Plan and electronic registration documents within two years.

The applicant sought minor variances to permit an increased gross floor area for the seventh storey of two mixed-use buildings and an increased driveway width for a parking lot.

The Committee of Adjustment found that the requested variances met the four-part test under subsection 45(1) of the Planning Act, noting no objections and support from city planning.

The application was granted.

The applicant sought minor variances to permit amplified sound on an existing outdoor, rooftop commercial patio and to allow a lower privacy screen than required by the Zoning By-law.

The Committee of Adjustment heard evidence from the applicant's agents and numerous area residents who expressed concerns about excessive noise and violations of previous conditions.

The Committee found that the applicant failed to provide sufficient evidence, such as an up-to-date noise study, to demonstrate that the patio could function without creating an undesirable condition for residents.

The Committee concluded that the requested variances did not meet the four-part test under subsection 45(1) of the Planning Act, as they were not desirable, did not maintain the general intent of the Official Plan or Zoning By-law, and were not minor due to unacceptable adverse impacts on the neighbourhood.

The application was refused.

The applicant sought minor variances to construct a one-storey addition containing living space and an attached garage, requiring reductions in corner side yard setback, rear yard setback, rear yard area, and accessory structure setbacks, as well as increased garage projections.

The Committee of Adjustment applied the four-part test under subsection 45(1) of the Planning Act.

Finding that the proposal fits well in the area, respects the character of the neighbourhood, and represents orderly development without unacceptable adverse impacts, the Committee granted the application.

The applicant sought minor variances to permit a reduced rear yard setback, increased cumulative floor area for accessory buildings, an altered garage entrance setback, and an increased driveway width for a detached dwelling.

The Committee of Adjustment found that the requested variances met the four-part test under subsection 45(1) of the Planning Act, as they were minor, desirable for the appropriate development of the land, and maintained the general intent and purpose of the Official Plan and Zoning By-law.

The application was granted, with one member dissenting on the driveway width variance.

The applicant sought permission under section 45(2) of the Planning Act to lease a portion of an existing legal non-conforming industrial/commercial building for use as an automobile service station.

The Committee of Adjustment refused the application, finding that the proposed use was not desirable for the appropriate development of the property and that the applicant failed to establish that the impact of the proposed use, particularly regarding traffic and parking, would be similar to the existing warehouse use.

The applicant sought minor variances under section 45 of the Planning Act to establish a shared driveway and a parking space partially located on the abutting property.

The Committee of Adjustment considered the four-part test for minor variances.

Finding that the proposal fit well in the area, respected the character of the neighbourhood, and would not create any unacceptable adverse impact on abutting properties, the Committee concluded the variances were minor, desirable, and maintained the general intent of the Official Plan and Zoning By-law.

The application was granted.

The applicant sought minor variances to permit a reduced lot width and reduced interior side yard setbacks to construct a three-storey, 17-unit stacked dwelling.

The Committee of Adjustment evaluated the application against the four-part test under subsection 45(1) of the Planning Act.

Finding that the proposal supported intensification, respected the neighbourhood character, and would not create unacceptable adverse impacts, the Committee concluded the variances were minor and desirable for the appropriate development of the land.

The application was granted subject to the construction being in accordance with the filed plans.