Minor variance appeal dismissed; cost sharing condition not appropriate as it did not relate to the variance.
The appellants appealed a minor variance authorization for a proposed retirement home, arguing that a cost sharing condition should have been imposed.
The Ontario Land Tribunal dismissed the appeal, finding that the minor variance satisfied the four-part test under s. 45(1) of the Planning Act.
The Tribunal held that cost sharing was not immediately relevant to whether the minor variance was desirable, and that the requested condition did not relate to the minor variance as it did not trigger any additional servicing requirements.
OLTOntario Land TribunalApr 19, 2022
