Zoning by-law appeal allowed to permit reduced side yard setbacks and porch encroachments for residential subdivision.
The appellant appealed the City of Waterloo's zoning by-law amendment to the Ontario Land Tribunal, seeking site-specific exemptions for a proposed residential subdivision.
The disputed exemptions involved reduced side yard setbacks for certain lots and permitted porch and balcony encroachments into the front yard for cluster developments.
The City opposed the exemptions, citing concerns over grading, drainage, snow storage, neighbourhood character, and the implications of a new provincial regulation (O. Reg. 257/25).
The Tribunal allowed the appeal in part, preferring the appellant's expert evidence that the reduced setbacks and encroachments would not cause adverse impacts, would maintain neighbourhood character, and would facilitate a compact, efficient development in conformity with provincial and municipal planning policies.
OLTOntario Land TribunalJun 12, 2026
