4 total
Minor variances for motel development authorized on consent following settlement between applicant and municipality.
The applicant appealed the Town of The Blue Mountains' refusal of a minor variance application to permit the construction of a three-storey, three-unit motel.
The requested variances related to planting strip location and parking aisle width.
Prior to the hearing, the parties reached a settlement.
The Tribunal accepted the uncontroverted expert land use planning evidence that the variances met the criteria under section 45 of the Planning Act and represented good land use planning.
The appeal was allowed and the variances were authorized subject to conditions agreed upon by the parties.
Appeal allowed in part to amend zoning by-law for a 19-unit residential development on consent.
The applicant appealed the Town of The Blue Mountains' Zoning By-law No. 2018-65 under section 34(19) of the Planning Act to facilitate a 19-unit residential development.
The parties reached a full settlement on consent.
Based on the uncontested expert planning evidence, the Tribunal found the proposed development represents good planning, is consistent with the Provincial Planning Statement, and conforms to the applicable official plans.
The appeal was allowed in part, and the zoning by-law was amended to implement the settlement.
Minor variance for deck approved; Tribunal lacks jurisdiction to enforce private condominium restrictive covenants.
The appellant, a board member of a condominium corporation, appealed the Committee of Adjustment's approval of a minor variance allowing the applicants to construct a deck with a reduced rear yard setback and increased lot coverage.
The appellant argued the variance would interfere with the condominium corporation's easement and restrictive covenants regarding maintenance access to a shoreline revetment.
The Tribunal dismissed the appeal, finding that the variance met the four tests under s. 45(1) of the Planning Act and that the enforcement of private restrictive covenants and easements falls outside the Tribunal's jurisdiction.
Tribunal approves settlement for rural glamping development based on uncontradicted planning evidence.
The applicants sought a zoning by-law amendment to permit a luxury camping use ('glamping') on their rural property.
The municipality approved the amendment, which was subsequently appealed by neighbouring property owners.
Prior to the hearing, the parties reached a settlement that reduced the number of camping units from 12 to eight.
Based on the uncontradicted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement and conforms to the applicable Official Plans, the Tribunal approved the settlement and allowed the appeal in part to implement the revised by-law.
No co-appearing lawyers found.
No judges found.