Adam Moote

The appellant appealed a Committee of Adjustment decision denying six of eight requested minor variances to permit a two-storey accessory dwelling unit over an existing detached garage.

The adjacent neighbour was granted party status and opposed the appeal, raising concerns about proximity, privacy, and massing.

The Tribunal found that while two variances regarding distance between buildings and parking met the four tests, the remaining six variances regarding setbacks and height did not.

The Tribunal preferred the evidence of the neighbour's land use planner that the proposed built form was incompatible with the adjacent dwelling and would negatively impact the neighbour's primary living area.

The appeal was allowed in part.

The appellants appealed the County of Elgin's refusal of a site-specific Official Plan Amendment intended to permit an existing electrical services business to operate as an on-farm diversified use on their agricultural property.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found that the proposed use is consistent with the Provincial Policy Statement and conforms to the applicable Official Plans.

The Tribunal allowed the appeal and approved the Official Plan Amendment as modified by the settlement.