Minor variances for additional apartment unit authorized and unnecessary fence condition waived.
The appellant appealed a decision of the Committee of Adjustment that approved minor variances for density, parking, and bicycle spaces to permit an additional residential unit in an apartment building under construction, but imposed a condition requiring a perimeter fence.
The Ontario Land Tribunal found that the variances met the four tests under s. 45(1) of the Planning Act, as they supported residential intensification and maintained the intent of the Official Plan and Zoning By-law.
The Tribunal also found no plausible explanation for the fence condition, as the exterior of the building was already completed.
The appeal was allowed, the variances were authorized, and the fence condition was waived.
OLTOntario Land TribunalJun 10, 2024
