Minor variance for increased height of residential accessory structure authorized; appeals dismissed.
The appellants appealed a Committee of Adjustment decision approving a minor variance to permit the construction of a 7.62-metre-tall accessory structure (a sports barn) on an estate residential lot, where the zoning by-law permitted a maximum height of 5.0 metres.
The applicants sought the variance to accommodate indoor sports such as basketball and volleyball.
The Tribunal applied the four-part test under section 45(1) of the Planning Act and found that the variance maintained the general intent of the official plan and zoning by-law, was desirable for the appropriate development of the land, and was minor in nature.
The appeals were dismissed and the variance was authorized subject to a 7.0-metre setback condition.
OLTOntario Land TribunalFeb 24, 2022
