The applicant appealed the Committee of Adjustment's refusal of a minor variance application to permit a dock walkway and an existing hot tub within the required setbacks on a waterfront property.
The parties reached a settlement.
Based on uncontroverted expert planning evidence, the Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, as the structures were unobtrusive, maintained the shoreline character, and did not adversely impact the natural environment or neighbouring properties.
The appeal was allowed and the variances were authorized subject to conditions.
