Appeal allowed and minor variances authorized for a carport, satisfying the Planning Act tests.
The applicants appealed the Township of St. Clair Committee of Adjustment's denial of minor variances to permit the construction of a carport.
The requested variances sought a reduced interior side yard setback and an increase in maximum lot coverage for an accessory structure.
The Township did not participate in the hearing, but a municipal planner attended as a Friend of the Tribunal and provided expert land use planning evidence supporting the application.
The Tribunal found that the requested variances satisfied the four tests under s. 45(1) of the Planning Act, as they maintained the general intent of the Official Plan and Zoning By-law, were desirable for the appropriate use of the land, and were minor in nature.
The appeal was allowed and the variances were authorized.
OLTOntario Land TribunalDec 14, 2023
