Minor variances authorized for enclosed canopy at mushroom farm; Tribunal finds no expansion of use.
The appellant appealed the Committee of Adjustment's refusal of minor variances for a reduced rear yard setback and altered lot coverage percentages to permit an existing enclosed canopy at a mushroom farm.
An adjacent neighbour opposed the appeal, arguing the enclosure constituted an expansion of the operation that would exacerbate existing odor and drainage impacts.
The Tribunal preferred the evidence of the appellant's planner, finding the enclosure was an addition that improved worker safety without changing the footprint or use of the structure.
The Tribunal allowed the appeal and authorized the variances subject to conditions, including requirements for a building permit, an approved grading and drainage plan, and registration of the site plan agreement on title.
OLTOntario Land TribunalMar 30, 2022
