Brent Parsons

The appellants appealed the municipality's refusal of a Zoning By-law Amendment application to legalize the limited residential use (office, multi-purpose space, and sanitary facilities) of the second-storey loft of an existing detached garage on a waterfront property.

The municipality argued the use constituted a dwelling unit and would negatively impact the at-capacity Lake Trout Lake.

The Tribunal allowed the appeal, finding that the proposed use did not include bedrooms or kitchens, the existing septic system was adequate, and the proposal was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.

The applicants appealed the North Almaguin Planning Board's refusal of a consent application to sever a rural residential waterfront lot on Commanda Lake.

The Board had refused the application on the basis that the lake was at capacity and that its guiding principles limited severances to once every 15 years.

The Tribunal preferred the evidence of the applicants' experts, finding that the lake was not at capacity based on current data and that the 15-year limitation was not grounded in applicable policy.

The Tribunal allowed the appeal and granted provisional consent, concluding the proposal was consistent with the Provincial Policy Statement and represented good planning.