Cristal Laanstra

The appellant appealed the Town of Cobourg Committee of Adjustment's decision to deny minor variances required to construct a coach house dwelling in the rear yard of the subject property.

The requested variances sought relief from maximum lot coverage and minimum lot frontage requirements.

The Tribunal accepted the uncontroverted expert planning evidence that the proposed development is an appropriate form of residential intensification that conforms to the applicable official plans and zoning by-law.

The Tribunal found that the variances satisfy the four tests under section 45(1) of the Planning Act and authorized the variances.

The appellants appealed the Township's approval of a Zoning By-law Amendment that would rezone a severed portion of agricultural land to Rural Residential.

The Tribunal heard uncontroverted expert planning evidence from the Township's Manager of Planning, who had been summoned by the appellants, that the amendment did not conform to the applicable Official Plans and was inconsistent with the Provincial Policy Statement because it would result in the loss of agricultural land and exceed the permitted number of severances.

The Tribunal allowed the appeal and repealed the Zoning By-law Amendment.