Francis Lapointe

The appellant appealed the Committee of Adjustment's denial of a minor variance application to permit a rear addition containing two suites to an existing heritage dwelling.

The proposed variances were for building depth and rear yard setback.

The Ontario Land Tribunal allowed the appeal, finding that the proposal met the four tests under s. 45(1) of the Planning Act, represented gentle intensification, and was designed to protect the heritage integrity of the main residence.

The Tribunal preferred the evidence of the appellant's expert witnesses over the respondent's experts, noting that the proposal was consistent with the Provincial Policy Statement and the Official Plan.