Adam Thompson

The applicant appealed a Committee of Adjustment decision refusing a minor variance to permit a change to the legal non-conforming use of an existing commercial building from an automobile service station to an equipment rental and repair business.

The Tribunal found that the legal non-conforming use had continued and evolved in accordance with the principles in Saint-Romuald, as the new use was similar in nature and did not involve heavy vehicles.

The Tribunal concluded that the use was appropriate for the area and that the City failed to demonstrate any undue adverse impacts.

The appeal was allowed and the continuation of the non-conforming use was authorized.