Minor variances for an as-built gazebo authorized subject to a site plan agreement for shoreline re-vegetation.
The appellants appealed a Committee of Adjustment decision that approved variances to retain an as-built gazebo but imposed a condition requiring the removal of a patio.
Prior to the hearing, the parties reached a settlement to authorize the variances subject only to a condition requiring a Site Plan Agreement for a planting plan to re-vegetate the shoreline buffer, without requiring the patio's removal.
Based on uncontroverted expert planning evidence, the Tribunal found the variances met the four tests under section 45(1) of the Planning Act and allowed the appeal in part to authorize the variances subject to the revised condition.
OLTOntario Land TribunalMay 5, 2025
