Anna Henriques

The appellant completed unauthorized site alterations, including regrading and tree removal, within a Key Natural Heritage Feature on the Oak Ridges Moraine.

The Town's Committee of Adjustment refused the subsequent minor variance application.

On appeal, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found that the proposed variances, subject to conditions including a comprehensive tree restoration plan and security deposit, met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed in part and the variances were approved.

The applicant appealed the Town of Aurora Committee of Adjustment's denial of minor variances required to construct a two-storey single detached dwelling.

The requested variances sought to increase the maximum permitted footprint and gross floor area.

The Tribunal found that the requested increase to the gross floor area was not minor in nature and that the proposed development posed unacceptable risks to a critical municipal stormwater sewer pipeline.

The appeal was dismissed and the variances were not authorized.