Minor variances to retroactively validate accessibility alterations authorized subject to conditions following settlement.
The applicant appealed the Committee of Adjustment's refusal of minor variances sought to retroactively validate exterior alterations made to accommodate wheelchair access.
Prior to the hearing, the parties reached a settlement involving amended variances and conditions to remove certain paved areas to ensure proper drainage.
The Tribunal found the amended variances met the four tests under s. 45(1) of the Planning Act, being minor, desirable, and maintaining the intent of the Official Plan and Zoning By-law.
The appeal was allowed in part and the variances were authorized subject to conditions.
OLTOntario Land TribunalJul 27, 2021