Minor variance for slight increase in lot coverage to accommodate rear decks authorized on appeal.
The appellants appealed the refusal of a minor variance by the City's Committee of Adjustment.
The variance sought to increase the maximum permitted lot coverage from 40% to 41.29% to accommodate larger rear decks constructed in error.
The City did not participate in the appeal.
Based on uncontroverted expert planning evidence, the Tribunal found that the variance met the four tests under s. 45(1) of the Planning Act, as the slight increase in deck depth would not cause undue adverse impacts on neighbours' privacy or light.
The appeal was allowed and the variance authorized.
OLTOntario Land TribunalJun 28, 2024
