Appeal allowed in part; variances for privacy screens authorized, but variances for cabana and pool equipment refused.
The appellants appealed a Committee of Adjustment decision approving minor variances for a neighbouring property to permit reduced setbacks for privacy screens, a cabana, and pool equipment.
The Tribunal allowed the appeal in part.
It authorized the variances for the privacy screens, finding they met the four tests under the Planning Act.
However, it refused the variances for the cabana and pool equipment, accepting expert evidence that the cabana's size and location were obtrusive and that the pool equipment generated noise exceeding municipal and provincial criteria, thereby failing the minor variance tests.
OLTOntario Land TribunalNov 30, 2022
