Charlotte McEwan

The applicant appealed the City of St. Catharines Committee of Adjustment's refusal of minor variance applications to increase the maximum floor area of accessory dwelling units from 80.0 square metres to 87.77 square metres.

The Tribunal found that the requested variances met the four-part test under section 45(1) of the Planning Act, noting that the units remained subordinate to the principal dwelling and there was no evidence of unacceptable adverse impacts.

The appeal was allowed and the variances were authorized.

The Tribunal heard appeals regarding an Official Plan Amendment (OPA) and a Zoning By-law Amendment (ZBLA) to permit the expansion of an existing place of worship located outside the Urban Boundary within the Provincial Greenbelt Plan Area (Specialty Crop Area).

The appellants argued that the expansion of a non-agricultural use in a prime agricultural area was inconsistent with the Provincial Planning Statement (PPS) and did not conform to the Greenbelt Plan's requirement that expansions bring the use more into conformity with the Plan.

The Tribunal found that the subject lands had not been farmed in 90 years, the expansion would occur entirely on the existing property, and there would be no adverse impacts on surrounding agricultural operations.

The Tribunal interpreted the Greenbelt Plan's 'more in conformity' test as applying to conversions of uses, not expansions of existing buildings.

The Tribunal dismissed the OPA appeals, approved the OPA, and allowed the ZBLA appeal, finding the applications consistent with the PPS 2024, in conformity with the Greenbelt Plan, and representing good planning.