Minor variance for pool setbacks granted; drainage concerns to be addressed at permitting stage.
The applicants appealed a Committee of Adjustment decision denying a minor variance for reduced rear and side yard setbacks to facilitate the installation of a pool.
A neighbour opposed the application, citing drainage and privacy concerns.
The Tribunal allowed the appeal, finding no clear evidence of an unacceptable adverse impact on the neighbouring property, as drainage issues would be addressed through the City's pool permitting process.
The Tribunal concluded that the variance met the four tests under section 45(1) of the Planning Act, subject to a condition requiring low-impact development measures for stormwater runoff.
OLTOntario Land TribunalApr 1, 2022
