Owen Sluga

The applicant appealed the Town's Committee of Adjustment decision refusing applications for provisional consent and minor variances to sever a lot and build two single-detached dwellings.

The Tribunal found the proposal consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The Tribunal accepted expert planning evidence that the requested variances for lot frontage, area, coverage, and height met the four-part test under the Planning Act, noting the absence of evidence demonstrating adverse impacts.

The appeals were allowed, and the consent and variances were approved subject to conditions.

The Town of Whitchurch-Stouffville appealed a Committee of Adjustment decision approving minor variance and consent applications to create new residential lots in an agricultural designation.

The owner/applicant did not pursue the approvals and took no position.

Based on uncontroverted expert planning evidence, the Tribunal found the variances did not meet the requirements of section 45(1) of the Planning Act, as they failed to maintain the intent of the Official Plan and Zoning By-law regarding agricultural lot sizes.

The appeals were allowed, the variances were not authorized, and provisional consent was denied.