Minor variances for unauthorized backyard structures denied due to adverse water runoff impacts on neighbouring property.
The appellant appealed the Committee of Adjustment's decision to approve minor variances intended to legalize the unauthorized construction of a loggia, cabana, retaining wall, and swimming pool on the applicants' property.
The appellant presented uncontested expert planning and engineering evidence demonstrating that the altered grading and insufficient setbacks caused significant water runoff and ponding on the appellant's property.
The Tribunal found that the variances did not maintain the general intent and purpose of the zoning by-law, were not desirable, and were not minor in nature due to the unacceptable adverse impacts.
The appeal was allowed and the variances were not authorized.
OLTOntario Land TribunalDec 22, 2022
