Michael Nelson

The appellant appealed a Committee of Adjustment decision refusing minor variances for increased lot coverage and reduced side yard setback to permit a covered patio and pool shed constructed without a building permit.

The Ontario Land Tribunal allowed the appeal, finding that the additions maintained the general intent and purpose of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The Tribunal authorized the variances, noting they did not create adverse impacts on the neighbourhood or adjacent properties.

The applicants appealed the refusal of a minor variance by the Municipality of Leamington's Committee of Adjustment.

The variance sought to increase the maximum permitted lot coverage from 35% to 39.05% to facilitate the construction of a new single detached dwelling and accessory building on an irregular pie-shaped lot.

The Ontario Land Tribunal found that the variance met the four tests under the Planning Act, noting that the design promoted safe and orderly development without adversely impacting neighbouring properties.

The appeal was allowed and the variance authorized.