Minor variances for building height and front yard depth authorized following a settlement agreement.
The appellant appealed a Committee of Adjustment decision that denied a minor variance for front yard depth while granting a variance for building height to permit the construction of a single-detached dwelling.
Prior to the hearing, the parties reached a settlement that amended the application to maintain a 6.0-metre setback for the attached garage while reducing the setback for the residential portion of the dwelling to 5.6 metres.
The Tribunal accepted uncontroverted expert planning evidence that the amended variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.
The appeal was allowed in part and the amended variances were authorized.
OLTOntario Land TribunalSep 19, 2023