Minor variance for pool and cabana denied due to lack of woodlot study and drainage concerns.
The appellants appealed a Committee of Adjustment decision granting minor variances to permit the construction of a swimming pool and cabana with reduced woodlot and side yard setbacks.
The Tribunal found that the requested variances failed the four tests under section 45(1) of the Planning Act.
Specifically, the proposal lacked a required woodlot study, created potential adverse drainage impacts, and presented unacceptable massing and overlook issues.
The appeal was allowed and the variances were not authorized.
OLTOntario Land TribunalApr 13, 2022
