Minor variance denied; correcting a zoning mapping error to permit residential use requires a by-law amendment.
The Township appealed a Committee of Adjustment decision granting a minor variance to permit residential development on a property partially zoned Hazard Land.
The applicant argued that the Hazard Land designation was a mapping error and could be corrected as a 'technical revision' under the Zoning By-law without a formal amendment.
The Tribunal found that while the evidence showed no actual hazard existed on the land, the required boundary adjustment was not a mere technical revision and would change the permitted uses on the property.
Therefore, a Zoning By-law Amendment was required, and the minor variance application failed to maintain the general intent and purpose of the Zoning By-law.
OLTOntario Land TribunalOct 7, 2024
