Minor variances for lot severance in heritage area authorized on uncontested expert planning evidence.
The applicant appealed the refusal of a minor variance application by the Township's Committee of Adjustment.
The variances were required to address zoning compliance for a proposed lot severance within a Heritage Overlay area.
The Township did not oppose the appeal.
Relying on uncontested expert planning evidence, the Tribunal found that the variances met the four-part test under s. 45(1) of the Planning Act, as they represented compatible infilling consistent with provincial policies and maintained the intent of the Official Plan and Zoning By-Law.
The appeal was allowed and the variances were authorized.
OLTOntario Land TribunalFeb 13, 2023
