Craig A. Rohe

The applicant appealed the Township's Committee of Adjustment's refusal of two consent applications and three minor variance applications to sever a vacant rural lot into three parcels for residential use.

The Tribunal heard uncontested expert planning evidence that the proposed development is consistent with provincial policies, conforms to the applicable official plans, and can be supported by private water and septic systems.

The Tribunal allowed the appeals, granting provisional consents subject to conditions and authorizing the minor variances for reduced lot frontages, finding that the applications satisfy the criteria under s. 51(24) and the four tests under s. 45(1) of the Planning Act.

The applicants appealed the City of Thorold's refusal of a minor variance application to reduce the minimum rear yard setback from 7.5 metres to 3.1 metres for a retained parcel following a consent to sever.

The Tribunal heard uncontested expert planning evidence that the variance recognized an existing dwelling location and met the four tests under s. 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variance, finding it represented good land use planning and was consistent with provincial and local policies.