Appeal of minor variance for reduced side yard setback dismissed; variance authorized as meeting four tests.
The appellants appealed a Committee of Adjustment decision approving minor variances for a property in Mississauga, specifically contesting a reduced interior side yard setback of 1.91 metres.
The appellants argued the proposed two-storey dwelling was out of character for the neighbourhood and would create privacy and overlook issues.
The Tribunal preferred the applicant's planning evidence, finding that the neighbourhood character was changing, the design mitigated privacy concerns, and the variance met the four tests under section 45(1) of the Planning Act.
The appeal was dismissed and the variances were authorized.
OLTOntario Land TribunalJul 26, 2022
