Brayden Libawski

The appellant appealed a Committee of Adjustment decision authorizing minor variances for a newly constructed deck on the neighbouring property.

The variances sought a reduced side yard setback and an increased deck height.

The Tribunal qualified the applicant's planner as an expert witness, whose uncontroverted evidence demonstrated that the variances met the four tests under section 45(1) of the Planning Act.

The Tribunal found that the 0.4 metre intrusion into the side yard setback would not have an undue impact on privacy given the 30 metre separation between the properties.

The appeal was dismissed and the variances were authorized.