Minor variance to park large commercial vehicle in residential driveway denied for failing statutory tests.
The appellants appealed the Committee of Adjustment's refusal of a minor variance to permit a large commercial vehicle to be parked in their residential driveway for a home-based business.
The Tribunal found that the variance failed to meet the four tests under section 45(1) of the Planning Act.
Relying on expert planning evidence, the Tribunal concluded that the large vehicle was incompatible with the residential streetscape, did not maintain the intent of the Official Plan or Zoning By-law, and was not minor in nature.
The appeal was dismissed and the variance was not authorized.
OLTOntario Land TribunalAug 4, 2021
