Minor variances to validate as-built garage and loggia authorized subject to lot grading condition.
The applicant appealed the Committee of Adjustment's refusal of minor variances required to validate an existing detached garage and loggia that were built closer to the lot line than previously approved.
The City took no position on the appeal but requested a condition regarding lot grading and stormwater management.
Relying on uncontested expert planning evidence, the Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, as they maintained the intent of the Official Plan and Zoning By-law, were desirable, and were minor in nature.
The appeal was allowed in part and the variances were authorized subject to the City's requested condition.
OLTOntario Land TribunalMar 28, 2022