Minor variance to permit ground floor real estate office in downtown core approved on settlement.
The appellant appealed the City of Burlington Committee of Adjustment's refusal of a minor variance application to permit an office use on the ground floor of a downtown building.
Prior to the hearing, the parties reached a settlement to revise the application to specifically permit a real estate brokerage office, subject to conditions ensuring an active store frontage.
The Tribunal accepted uncontested expert planning evidence that the revised variance satisfies the four tests under section 45(1) of the Planning Act, is consistent with provincial policies, and represents good planning.
The appeal was allowed and the revised minor variance was approved.
OLTOntario Land TribunalSep 12, 2024