Joseph Plutino

The appellants appealed a Committee of Adjustment decision granting minor variances to allow outdoor storage on the subject property for a temporary period of three years.

Prior to the hearing, the parties reached a settlement.

Based on the uncontested expert planning evidence, the Tribunal found that the proposed variances met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan.

The appeal was allowed in part to authorize the variances subject to the conditions agreed upon in the Minutes of Settlement.

The applicant appealed the refusal of a request for consent to sever a corner lot to create an additional lot fronting onto Stokes Drive.

The Tribunal heard from three land use planners.

The Tribunal found that the creation of one additional lot within an existing plan of subdivision in a designated settlement area can be determined through the satisfaction of the criteria set out in s. 51(24) of the Planning Act.

The Tribunal allowed the appeal and granted provisional consent subject to conditions, finding the proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan.