Minor variance for undersized parking space dismissed due to safety concerns from right-of-way encroachment.
The appellant appealed the City of Brampton Committee of Adjustment's refusal of a minor variance application to permit an additional parking space on a residential property.
The appellant had expanded the driveway without permits, creating a parking space with a depth of 3.03m, significantly less than the required 5.4m.
The Tribunal accepted the expert evidence of the City's planner and traffic planner, finding that the proposed parking space would cause vehicles to overhang onto the City's right of way, creating safety and maintenance concerns.
The Tribunal concluded the application failed to meet the four tests under s. 45(1) of the Planning Act and dismissed the appeal.
OLTOntario Land TribunalAug 11, 2025
