The applicant appealed the failure of the City of Sarnia's Committee of Adjustment to make a decision on a minor variance application to permit the conversion of an existing detached garage into a secondary dwelling unit.
The City did not appear at the hearing.
The Tribunal found that the absence of a decision amounted to a refusal, allowing the appeal to proceed.
Evaluating the application against the four tests under s. 45(1) of the Planning Act, the Tribunal found the variances maintained the general intent of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.
The appeal was allowed and the variances were authorized subject to conditions regarding access and servicing.