Heath Purtell-Sharp

The applicant appealed the Township's Committee of Adjustment decision refusing minor variances to permit a wellness centre as a home business within a dwelling and a detached garage.

The Tribunal found that the proposed use did not conform with the Oak Ridges Moraine Conservation Plan's definition of a 'home business', as it would operate in both the dwelling and an accessory structure, and its scale would dominate the residential use.

Consequently, the Tribunal determined that the variances failed the four-part test under section 45(1) of the Planning Act and dismissed the appeal.

The appellant appealed the passing of the Town of Aurora Official Plan, seeking to modify the boundary of the Promenade Secondary Plan to reflect a consistent boundary for its lands and to permit a maximum building height of 12 storeys.

The parties reached a settlement wherein the official plan would be modified to provide the requested consistent boundary, and the appellant would drop the building height issue, deferring it to a future site-specific application.

The Tribunal accepted uncontested expert planning evidence that the proposed modifications were consistent with the Provincial Planning Statement, conformed with the regional official plan, and represented good planning.

The Tribunal allowed the appeal in part to implement the settlement.