Mark Cece

The appellant appealed the Township Committee of Adjustment's refusal of minor variances to permit reduced shoreline and slope setbacks for a newly constructed deck on a waterfront property.

The Ontario Land Tribunal allowed the appeal in part.

The Tribunal authorized the slope setback variance, finding it met the four tests under the Planning Act as the redesigned deck would be located outside the erosion hazard area.

However, the Tribunal refused the shoreline setback variance, concluding it failed to maintain the general intent and purpose of the Township's Official Plan and Zoning By-law, was an inappropriate use of the lands, and was not minor in nature due to unacceptable adverse impacts on the waterbody and natural features.

The applicant appealed the Township's refusal of a minor variance application seeking retroactive approval for an oversized viewing deck and storage shed built within the required shoreline setbacks of Long Lake.

The applicant argued the oversized deck was necessary for a family member's accessibility needs.

The Tribunal dismissed the appeal, finding that the variances failed the four-part test under s. 45(1) of the Planning Act.

The Tribunal preferred the Township's expert evidence that the structures posed ecological risks, circumvented proactive buffer policies, and represented overdevelopment of the shoreline inconsistent with the Official Plan and Zoning By-law.

Skycroft Campground appealed the Township of South Frontenac's refusal of its Official Plan and Zoning By-law Amendment applications to permit a significant expansion of its campsites and cabins.

The Ontario Land Tribunal dismissed the appeals, finding that the applicant failed to demonstrate the proposed development would have no negative impacts on natural heritage features or their ecological functions.

The Tribunal found the Environmental Impact Study was improperly scoped and methodologically flawed, particularly regarding species at risk such as the Cerulean Warbler and Gray Ratsnake.

Furthermore, the scale of the proposed expansion did not conform to the density and waterfront amenity requirements of the Township's Official Plan.