Minor variances for new dwelling authorized; potential for illegal driveway parking is an enforcement issue, not a planning matter.
The appellants appealed the City of Sarnia Committee of Adjustment's refusal of minor variances to permit the construction of a new single-detached dwelling with an attached three-car garage.
The variances sought relief for exterior side yard setback, garage door setback, and driveway width.
The City opposed the garage door setback variance, arguing it would lead to illegal parking encroaching on the municipal right-of-way.
The Tribunal favored the appellants' planning evidence, finding that the potential for illegal parking was an enforcement issue rather than a planning matter, and that the variances met the four tests under the Planning Act.
The appeal was allowed and the variances were authorized subject to conditions.
OLTOntario Land TribunalOct 2, 2025
