Minor variances for reduced side yard setbacks for existing deck and shed authorized despite Town engineering standards.
The applicant appealed a Committee of Adjustment decision denying minor variances for reduced interior side yard setbacks for an existing shed and deck, while approving a variance for increased lot coverage subject to conditions.
The Town opposed the setback variances, arguing they conflicted with engineering standards for drainage swales and impeded access.
The Tribunal allowed the appeal and authorized all requested variances without the Town's proposed conditions, finding no evidence of actual drainage issues or restricted access, and concluding the variances met the four tests under s. 45(1) of the Planning Act.
OLTOntario Land TribunalDec 15, 2023
