Andrew Trevers

The appellants appealed the municipality's refusal of an application to amend the zoning by-law to permit two existing shoreline gazebos that did not comply with shoreline setback, maximum floor area, and maximum height requirements.

The Tribunal heard expert evidence on stormwater management and land use planning.

The Tribunal preferred the evidence of the appellants' planner, finding that the gazebos' open design and location minimized impacts on natural vegetation and allowed them to co-exist in harmony with the surrounding settings.

The appeal was allowed in part, and the municipality was directed to amend the zoning by-law.

The applicants appealed a Committee of Adjustment decision denying minor variances required to construct a new two-storey single detached dwelling on a waterfront property.

The requested variances sought relief for a reduced front yard setback and a reduced shore-side setback.

The Ontario Land Tribunal allowed the appeal, preferring the evidence of the applicants' planner and coastal engineer.

The Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, as they maintained the general intent of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The variances were authorized subject to conditions, including adherence to a Shoreline Hazard Study.