Minor variances for second-storey addition authorized where existing lot coverage was a long-standing legal non-compliant condition.
The applicant appealed the City of Vaughan Committee of Adjustment's refusal to authorize minor variances for lot coverage and exterior side yard setbacks to permit a partial second-storey addition.
The subject property featured an existing covered pool that made the lot coverage a legal non-compliant condition for nearly 50 years.
The Ontario Land Tribunal preferred the applicant's planning evidence, finding that the proposed addition maintained the existing building footprint and fit the character of the established large-lot neighbourhood.
The Tribunal allowed the appeal and authorized the variances, concluding they satisfied the four tests under section 45(1) of the Planning Act.
OLTOntario Land TribunalDec 19, 2022
