Jennifer Catarino

The appellant appealed a decision of the Committee of Adjustment denying a minor variance to increase the gross floor area of a secondary dwelling unit from 89 sq m to 124 sq m to facilitate the conversion of an attic into four additional bedrooms.

The Tribunal found that while the variance met the intent of the Official Plan, it failed the other three tests under s. 45(1) of the Planning Act.

Specifically, it did not maintain the intent of the Zoning By-law regarding height restrictions for secondary dwelling units, was not minor in nature when considered in the context of existing permissions, and was not desirable for the appropriate development of the land.

The appeal was dismissed.

The applicant appealed a Committee of Adjustment decision denying a minor variance to increase the gross living space of an approved secondary dwelling unit from 89 square metres to 124 square metres, facilitating an increase from four to eight bedrooms.

The applicant's planner argued the physical footprint would not change and the intensification was appropriate.

The City's planner argued the increase constituted overbuilding and would negatively impact the neighbourhood.

The Tribunal agreed with the City, finding the variance was not minor in nature and did not meet the four tests under section 45 of the Planning Act.

The appeal was dismissed.

The applicant appealed the City of Hamilton's refusal to grant a consent to sever a property into two lots, each to be serviced by an advanced treatment septic system.

The City argued that its Hydrogeological Guidelines prohibited the use of advanced treatment systems to justify undersized lots due to concerns over long-term performance and enforcement.

The Tribunal found that the Guidelines did not form part of the Official Plan and were merely an interpretive tool.

The Tribunal accepted expert evidence that advanced treatment systems are reliable and that adequate monitoring and enforcement mechanisms exist, such as consent agreements registered on title.

The appeal was allowed and provisional consent granted subject to conditions, including a monitoring agreement and financial securities.