George Robinson

The applicant appealed the Committee of Adjustment's refusal to authorize a minor variance to increase the maximum lot coverage from 35% to 39% to permit a roofed-in terrace on a new single-family dwelling.

The Town supported the application and presented uncontested expert planning evidence.

The Tribunal found that the variance met the four-part test under subsection 45(1) of the Planning Act, as it maintained the general intent of the official plans and zoning by-law, was desirable, and was minor in nature with no adverse impacts.

The appeal was allowed and the variance authorized.

The appellant appealed the Town of Kingsville's failure to make a decision on zoning by-law amendments to permit the conversion of single-family dwellings to migrant farm worker housing.

At a settlement hearing, the Tribunal accepted uncontroverted expert planning evidence that the amendments were consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and represented good planning.

The Tribunal allowed the appeals, directed the municipality to amend the zoning by-law, and exempted the subject lands from an existing Interim Control By-law.