Minor variance appeal for detached secondary dwelling unit dismissed due to massing, drainage, and access concerns.
The appellants appealed a Committee of Adjustment decision denying minor variances to permit the construction of a detached secondary dwelling unit in their rear yard.
The variances sought to reduce the minimum side yard setback and the minimum width of the unobstructed access path.
The Ontario Land Tribunal dismissed the appeal, preferring the City's expert evidence that the proposed variances would result in massing, drainage, and access issues.
The Tribunal found the application failed the four-part test under s. 45(1) of the Planning Act, as it did not maintain the general intent and purpose of the Official Plan or Zoning By-law, and was neither desirable nor minor.
OLTOntario Land TribunalNov 14, 2022
