Minor variance for townhouse addition authorized; Tribunal rejected City expert who testified outside his expertise.
The appellant appealed the City of Pickering Committee of Adjustment's refusal of a minor variance to permit a 0.6m side yard setback for a third-storey addition to an existing townhouse.
The Tribunal heard from two land use planning experts.
The Tribunal accepted the evidence of the appellant's expert that the variance met the four tests under the Planning Act, and rejected the evidence of the City's expert who repeatedly ventured outside his area of expertise.
The appeal was allowed and the variance authorized.
OLTOntario Land TribunalAug 15, 2023
