Minor variance for shoreline deck setback denied due to lack of evidence and non-conformity with Growth Plan.
The appellant sought a minor variance to reduce the front yard (shoreline) setback to accommodate an already constructed attached deck addition.
The Township's Committee of Adjustment denied the application.
On appeal, the Ontario Land Tribunal found that while the variance was consistent with the Provincial Policy Statement, it did not conform with the Growth Plan and failed the four tests under the Planning Act.
The appellant failed to provide sufficient evidence, such as a shoreline restoration plan or an official survey, to demonstrate that the variance was minor, maintained the intent of the zoning by-law and official plans, or was desirable for the appropriate use of the land.
The appeal was dismissed.
OLTOntario Land TribunalAug 22, 2024