Christine Woods

The appellant appealed the Township Committee of Adjustment's refusal of minor variances to permit reduced shoreline and slope setbacks for a newly constructed deck on a waterfront property.

The Ontario Land Tribunal allowed the appeal in part.

The Tribunal authorized the slope setback variance, finding it met the four tests under the Planning Act as the redesigned deck would be located outside the erosion hazard area.

However, the Tribunal refused the shoreline setback variance, concluding it failed to maintain the general intent and purpose of the Township's Official Plan and Zoning By-law, was an inappropriate use of the lands, and was not minor in nature due to unacceptable adverse impacts on the waterbody and natural features.

The applicant appealed the Committee of Adjustment's refusal of a consent application to create a new rural residential lot.

Prior to the hearing, the parties reached a settlement.

Based on the uncontested expert land use planning evidence, the Tribunal found that the proposed severance was consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and met the criteria under section 51(24) of the Planning Act.

The appeal was allowed and provisional consent was granted subject to conditions.

The applicants appealed the Committee of Adjustment's refusal of two consent applications to create two new rural lots.

Prior to the hearing, the applicants and the municipality reached a settlement.

Based on the uncontroverted expert planning evidence that the revised proposals complied with Minimum Distance Separation formulae, were consistent with the Provincial Policy Statement, and met the criteria under section 51(24) of the Planning Act, the Tribunal allowed the appeals and granted provisional consents subject to conditions.