Appeals allowed; consent to sever and minor variances granted for residential infill development.
The applicant appealed the City of Hamilton Committee of Adjustment's denial of applications for consent to sever and minor variances to permit the construction of two new detached residential dwellings.
The City did not attend the hearing.
Based on the uncontroverted expert planning evidence, the Tribunal found that the consent had regard for provincial interests and the criteria in s. 51(24) of the Planning Act, and that the variances met the four tests under s. 45(1).
The appeals were allowed, provisional consent was granted subject to conditions, and the variances were authorized.
OLTOntario Land TribunalJun 22, 2022
