Minor variance to reduce minimum distance separation from dairy farm authorized for new rural dwelling.
The applicants appealed a Committee of Adjustment decision refusing a minor variance to reduce the minimum distance separation (MDS) between their vacant lot and a nearby dairy farm to permit the construction of a single-detached dwelling.
The Tribunal heard uncontradicted expert planning evidence that the variance met the four tests under the Planning Act, as the proposed residential use was permitted, compatible with surrounding uses, and would not impede the dairy farm's expansion more than existing proximate residential lots.
The Tribunal authorized the variance.
OLTOntario Land TribunalDec 9, 2022
