Minor variance for curved driveway authorized to protect City-owned tree; consent to sever granted.
The appellants appealed the City of Ottawa Committee of Adjustment's refusal of a minor variance to permit a curved driveway, which was required to retain a City-owned tree.
The Tribunal heard uncontroverted expert evidence in urban forestry and land use planning supporting the variance and the concurrent consent to sever application.
The Tribunal found that the variance met the four tests under section 45(1) of the Planning Act and that the consent application represented good planning.
The appeals were allowed, the variance was authorized, and provisional consent was granted subject to conditions.
OLTOntario Land TribunalNov 15, 2022
