Minor variances authorized without road widening condition as it lacked reasonable relationship to the relief requested.
The applicant appealed a decision of the Committee of Adjustment that approved minor variances for accessory structures and a reduced front yard setback, but imposed a condition requiring the gratuitous conveyance of land for a road widening.
The Tribunal found that the requested variances met the four tests under the Planning Act.
However, relying on established case law, the Tribunal held that the road widening condition was inappropriate because it lacked a reasonable relationship to the requested variances.
The appeal was allowed and the variances were authorized without the road widening condition.
OLTOntario Land TribunalOct 18, 2024