Alana Vandervoort

The applicants appealed the Town of Caledon's refusal of a minor variance application to permit a 'transportation depot' for a stretch limousine service on a property designated as prime agricultural.

The applicants argued the use was akin to a home occupation and would not negatively impact the area.

The Town maintained that a transportation depot is an industrial/commercial use not permitted in agricultural zones and differs substantially from a home occupation.

The Tribunal agreed with the Town, finding that the variance failed all four tests under section 45(1) of the Planning Act, as it would effectively rezone the property to general industrial.

The appeal was dismissed.

The applicants appealed the Town of Caledon Committee of Adjustment's refusal of a minor variance application to increase the structural envelope on their property to retain an accessory shed and detached garage.

Prior to the hearing, the parties reached a settlement involving a revised variance to increase the structural envelope to 0.34 hectares and relocate the garage to the edge of the envelope, subject to mitigation conditions.

The Tribunal accepted the uncontested expert planning evidence that the revised proposal meets the four tests under s. 45(1) of the Planning Act and authorized the variance subject to the agreed conditions.

The applicant appealed the Town of Caledon Committee of Adjustment's decisions regarding conditions of provisional consent and the denial of minor variances.

The applications sought to sever a single property into three residential lots, requiring variances for minimum lot area and frontage.

At a settlement hearing, the Tribunal accepted uncontroverted expert planning evidence that the consents and variances met all statutory tests under the Planning Act, were consistent with the Provincial Policy Statement, and conformed to applicable provincial and municipal plans.

The appeals were allowed, provisional consents granted subject to agreed conditions, and the minor variances authorized.