Consent and minor variances granted to facilitate residential intensification and recognize an existing building encroachment.
The applicants appealed the City of London Committee of Adjustment's refusal of their consent and minor variance applications.
The applications sought to establish an easement for an existing building encroachment and to reduce side yard and parking area setbacks to facilitate the construction of a new single detached dwelling on a vacant lot.
Relying on uncontroverted expert planning evidence, the Ontario Land Tribunal found that the applications were consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and met the statutory criteria under the Planning Act.
The Tribunal allowed the appeals, granted provisional consent subject to conditions, and authorized the requested minor variances.
Sagi Yaakov, Robin S. Yaakov and Stephen State v. City of London, 2022 CanLII 67027