Justin Malfara

The appellants appealed a Committee of Adjustment decision refusing a minor variance application to permit a basement apartment and an additional parking space.

The Tribunal found that recent amendments to the Planning Act under Bill 23 eliminated the need for variances related to minimum lot frontage, minimum floor area, and parking minimums for accessory apartments.

The Tribunal authorized the remaining variance to reduce the minimum front yard landscaped open space to accommodate an additional parking spot, finding it met the statutory tests.

The applicant sought provisional consent to sever a residential lot and minor variances for reduced lot frontages to construct two new dwellings.

The Town's Committee of Adjustment denied the variances, and the Region's Land Division Committee approved the consent.

The applicant appealed the variance refusals, and a neighbour appealed the consent approval.

The Tribunal found that the proposed development was compatible with the diverse neighbourhood, met the four tests for minor variances under s. 45(1) of the Planning Act, and satisfied the criteria for consent under s. 51(24).

The neighbour's appeal was dismissed, and the applicant's appeals were allowed.