Jennifer Current

The appellant appealed the Committee of Adjustment's refusal of a minor variance to permit the construction of a single detached dwelling on an existing lot of record fronting an unassumed public road.

The municipality opposed the variance primarily due to unresolved liability concerns regarding potential damage to the road during construction, as the property was not part of an adjacent subdivision agreement.

The Tribunal allowed the appeal on a conditional basis, finding that the variance satisfied the four tests under the Planning Act.

The Tribunal preferred the appellant's planning evidence over the municipality's circular liability arguments, but imposed a condition requiring the parties to resolve the liability issue within six months.