Minor variance for rear deck height authorized following settlement between applicant and municipality.
The applicant appealed the Committee of Adjustment's decision regarding minor variances to recognize an existing second-storey rear deck.
Prior to the hearing, the parties reached a settlement requiring only one variance for the maximum permitted floor deck height.
Based on uncontested expert planning evidence, the Tribunal found the revised variance met the four tests under section 45(1) of the Planning Act and authorized the variance subject to conditions.
OLTOntario Land TribunalJun 10, 2022
