Brandon Hassan

The Town of Oakville appealed a Committee of Adjustment decision granting a minor variance for a maximum residential floor area ratio to permit a second-storey addition.

Prior to the hearing, the parties reached a settlement based on revised plans that reduced the massing and scale of the addition.

Relying on uncontroverted expert planning evidence, the Tribunal found the amended variance met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed in part to authorize the amended variance subject to conditions.

The appellant sought a minor variance to permit a 3.0-metre balcony projection for a townhouse unit, double the 1.5-metre maximum permitted by the zoning by-law.

The Town's Committee of Adjustment denied the application, and the appellant appealed to the Ontario Land Tribunal.

The Tribunal found that the enlarged balcony would create unacceptable adverse visual, noise, privacy, and overlook impacts on the abutting single-detached properties.

The Tribunal concluded that the variance did not maintain the general intent and purpose of the Official Plan or Zoning By-law, was not desirable for the appropriate development of the land, and was not minor in nature.

The appeal was dismissed.