Minor variance for reduced side yard setback authorized based on uncontested expert planning evidence.
The applicant appealed a Committee of Adjustment decision refusing a minor variance to reduce a side yard setback from 6 metres to 1.5 metres for a covered porch on a reconstructed cottage.
The Tribunal accepted the uncontested expert planning evidence that the variance met the four tests under section 45(1) of the Planning Act, was consistent with the Provincial Planning Statement, and would have minimal impact on neighbouring properties.
The appeal was allowed and the variance was authorized.
OLTOntario Land TribunalNov 10, 2025