Coulson

The appellant appealed the Committee of Adjustment's refusal of variances to permit the continued operation of a ground floor restaurant patio in the rear yard of a semi-detached building.

The primary issue was a variance to the zoning by-law requirement that a patio be separated from a residential lot by at least 10 metres.

While the tribunal accepted expert acoustic evidence that a proposed fence would mitigate noise to ambient levels, it found that the general intent and purpose of the zoning by-law was to prevent any additional noise by requiring a permanent distance separation.

As the variance did not maintain the general intent and purpose of the zoning by-law, the appeal was dismissed and the variances were not authorized.