Greg Kirton

The applicant appealed the municipality's refusal of applications for a draft plan of condominium and zoning by-law amendment to permit a four-unit townhouse development.

Prior to the hearing, the parties reached a settlement involving site plan modifications, including a revised parking layout and the addition of storage sheds.

Based on the uncontradicted expert planning evidence of the municipality's planner, the Tribunal found the proposal consistent with the Provincial Policy Statement and in conformity with the municipal Official Plan.

The appeal was allowed in part to approve the revised instruments.

The applicant appealed the Committee of Adjustment's refusal of minor variances required to construct a new seasonal cottage on a vacant waterfront lot.

The requested variances sought relief for reduced front and rear yard setbacks.

The Tribunal found that the proposed development was optimally situated on the narrow lot, retained an adequate shoreline vegetative buffer, and met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized subject to site plan approval.