Melissa Markham

The appellant appealed the Town of Whitby Committee of Adjustment's refusal of a consent application and two minor variance applications intended to facilitate the creation of a new residential lot.

The Tribunal heard uncontested expert planning evidence that the proposed development represents appropriate gentle intensification, is compatible with the surrounding neighbourhood, and satisfies the criteria under the Planning Act.

The Tribunal allowed the appeals, granting the provisional consent and authorizing the minor variances subject to conditions.

The appellant appealed the Township's refusal of a zoning by-law amendment to permit the construction of a combined dock and overwater boathouse on a waterfront property.

The Township did not participate in the hearing.

Relying on uncontested expert planning evidence, the Tribunal found that the unique topography and size of the property warranted the amendment, and that the redevelopment would preserve the visual aesthetics and natural appearance of the shoreline.

The appeal was allowed and the zoning by-law was amended.

The Township appealed a Committee of Adjustment decision granting a minor variance to permit residential development on a property partially zoned Hazard Land.

The applicant argued that the Hazard Land designation was a mapping error and could be corrected as a 'technical revision' under the Zoning By-law without a formal amendment.

The Tribunal found that while the evidence showed no actual hazard existed on the land, the required boundary adjustment was not a mere technical revision and would change the permitted uses on the property.

Therefore, a Zoning By-law Amendment was required, and the minor variance application failed to maintain the general intent and purpose of the Zoning By-law.

The applicant appealed the Township's refusal of a site-specific Zoning By-law Amendment to permit a short-term rental within an existing accessory dwelling unit on a commercial property.

The Tribunal found that while the proposal had regard for provincial interests, it was not consistent with the Provincial Policy Statement and did not conform to the District of Muskoka or Township of Lake of Bays Official Plans.

The Tribunal preferred the Township's planning evidence that converting the unit to a short-term rental would remove a long-term housing option, contrary to policies aimed at providing a diverse mix of attainable housing to support complete communities and the local tourism economy.

The appeal was dismissed.

The appellant appealed the municipality's refusal of a Zoning By-law Amendment application to permit the retail sale and storage of docks on the subject properties as an accessory use to an existing commercial property.

The appellant argued the use was compatible with the surrounding area and could be regulated through site plan control.

The municipality argued the outdoor storage use was out of character for the central area and did not conform to the Official Plan or the Provincial Policy Statement.

The Tribunal favoured the municipality's planning evidence, finding the proposed amendment did not meet the legislative tests, and dismissed the appeal.

The applicant appealed the Committee of Adjustment's denial of minor variances to permit the reconstruction of a guest sleeping cabin with an increased floor area and reduced waterfront setback.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted the uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act, maintained the existing vegetation buffer, and represented good planning.

The appeal was allowed and the variances were authorized subject to a condition requiring a vegetation protection agreement.

The appellant appealed the municipality's approval of a zoning by-law amendment that increased the maximum lot coverage for a waterfront property to facilitate the construction of a new single detached dwelling.

The appellant argued the development was out of character, would unacceptably impact views of the lake, lacked sufficient environmental studies, and failed to meet setback requirements.

The Tribunal dismissed the appeal in part, preferring the evidence of the respondents' planning experts.

The Tribunal found the proposed development was compatible with the area, would not have an unacceptable visual impact, and that environmental impacts would be negligible.

The Tribunal approved a revised zoning by-law amendment proposed by the applicants that slightly reduced the requested lot coverage and added specific height and setback restrictions.

The applicant appealed the failure of the Township of Lake of Bays, the Town of Huntsville, and the District of Muskoka to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendments, and a draft Plan of Subdivision to permit a 32-lot seasonal residential development on Langmaid's Island.

The Tribunal found that the proposed development, supported by extensive environmental, cultural heritage, visual impact, and engineering studies, was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.

The Tribunal allowed the appeals in part, approving the planning instruments subject to conditions, including the protection of natural heritage features through conservation easements and the refinement of mainland parking and access facilities.

The appellant appealed the Township's refusal of a zoning by-law amendment application.

The appellant sought to rezone a vacant waterfront lot to permit a dock and walkway as the principal use, allowing the appellant to access their backland parcel across the road by boat.

The Tribunal dismissed the appeal, finding that the Official Plan and Development Permit By-law do not contemplate a dock as a principal use, but rather as an accessory use.

The Tribunal held that creating a standalone property with a dock as the principal use without tying it to a specific residential property would fail to control the intensity of use and did not represent good planning.