Appeal allowed and minor variances refused due to significant noise impacts from adjacent shooting range.
The appellant shooting range appealed a Committee of Adjustment decision granting minor variances to permit a single detached dwelling on an undersized agricultural lot across the street.
The tribunal allowed the appeal and refused the variances.
The tribunal found that the proposed modification to the definition of 'Farm Dwelling' could not be authorized under s. 45(2)(b) of the Planning Act because the term was not defined in general terms.
Furthermore, the requested variances under s. 45(1) failed the four-part test, as the significant noise impacts from the shooting range could not be adequately mitigated, making the proposed residential use incompatible and the variances not minor.
The proposal also failed to maintain the general intent and purpose of the Official Plan and Zoning By-law, which restrict residential uses on undersized agricultural lots to existing lots of record.
OLTOntario Land TribunalApr 28, 2022
