Minor variances for as-built dock and proposed boathouse authorized; four tests under Planning Act met.
The appellant appealed the Committee of Adjustment's denial of a minor variance application to recognize an as-built dock and proposed boathouse with reduced side yard setbacks on Lake Muskoka.
The Town did not participate, but the neighbouring property owners (the Smiths) were granted party status and opposed the appeal.
The Tribunal preferred the planning evidence of the appellant's expert, finding that the proposed location did not impede views, create safety hazards, or negatively impact privacy.
The Tribunal concluded that the requested variances satisfied the four tests under s. 45(1) of the Planning Act and allowed the appeal.
OLTOntario Land TribunalSep 5, 2024
