Appeals allowed and provisional consents granted for residential infill development meeting Planning Act criteria.
The applicants appealed the Committee of Adjustment's refusal of their applications for consent to sever and minor variances to subdivide a residential property into two parcels.
The proposal involved retaining an existing dwelling on one parcel and constructing a new three-storey dwelling on the other, requiring variances for side yard setbacks, eaves projection, and a front-facing garage.
Based on uncontroverted expert planning evidence, the Tribunal found that the variances met the four tests under section 45(1) of the Planning Act and that the consent applications satisfied the criteria under sections 51(24) and 53(1).
The appeals were allowed, provisional consents were granted subject to conditions, and the variances were authorized.
OLTOntario Land TribunalNov 29, 2021