Joe Buordolone

The applicants sought to sever an existing rural residential lot containing two dwellings into two parcels, arguing the lots had inadvertently merged.

The Committee of Adjustment granted the consent.

The City of Hamilton appealed the decision to the Ontario Land Tribunal.

The Tribunal allowed the appeal and denied the consent, finding that the proposed severance did not have regard to matters of provincial interest under section 2 of the Planning Act, was not consistent with the Provincial Policy Statement's discouragement of lot creation in rural areas, and did not conform with the Rural Hamilton Official Plan's protection of agricultural lands.

The appellants appealed a Committee of Adjustment decision denying minor variances to permit the construction of a detached secondary dwelling unit in their rear yard.

The variances sought to reduce the minimum side yard setback and the minimum width of the unobstructed access path.

The Ontario Land Tribunal dismissed the appeal, preferring the City's expert evidence that the proposed variances would result in massing, drainage, and access issues.

The Tribunal found the application failed the four-part test under s. 45(1) of the Planning Act, as it did not maintain the general intent and purpose of the Official Plan or Zoning By-law, and was neither desirable nor minor.