Jason Sands

The appellant appealed the Township Committee of Adjustment's refusal of minor variances to permit reduced shoreline and slope setbacks for a newly constructed deck on a waterfront property.

The Ontario Land Tribunal allowed the appeal in part.

The Tribunal authorized the slope setback variance, finding it met the four tests under the Planning Act as the redesigned deck would be located outside the erosion hazard area.

However, the Tribunal refused the shoreline setback variance, concluding it failed to maintain the general intent and purpose of the Township's Official Plan and Zoning By-law, was an inappropriate use of the lands, and was not minor in nature due to unacceptable adverse impacts on the waterbody and natural features.

The applicant appealed the City of Kingston's refusal of a zoning by-law amendment application to permit a two-and-a-half storey rear addition to an existing three-unit residential building.

The City argued the proposal was incompatible with the stable neighbourhood, provided inadequate parking, and constituted overdevelopment.

The Tribunal preferred the evidence of the applicant's planner, finding that the proposal was an appropriate form of minor intensification that conformed to the Official Plan's compatibility and built form policies.

The Tribunal allowed the appeal and approved the site-specific zoning by-law amendment.