Cassandra Fligg

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 Township's refusal of a minor variance application to relocate a previously approved detached accessory building containing an accessory residential dwelling unit.

Prior to the hearing, the parties reached a settlement proposal approved by Township Council.

Based on uncontroverted expert planning and environmental evidence, the Tribunal found the variances met the four tests under section 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and had regard for matters of provincial interest.

The appeal was allowed and the variances were approved subject to conditions.