Rob Hughes

The applicants appealed the Town of Caledon's refusal of a minor variance application to permit a 'transportation depot' for a stretch limousine service on a property designated as prime agricultural.

The applicants argued the use was akin to a home occupation and would not negatively impact the area.

The Town maintained that a transportation depot is an industrial/commercial use not permitted in agricultural zones and differs substantially from a home occupation.

The Tribunal agreed with the Town, finding that the variance failed all four tests under section 45(1) of the Planning Act, as it would effectively rezone the property to general industrial.

The appeal was dismissed.

The applicants appealed the Town of Caledon Committee of Adjustment's refusal of a minor variance application to increase the structural envelope on their property to retain an accessory shed and detached garage.

Prior to the hearing, the parties reached a settlement involving a revised variance to increase the structural envelope to 0.34 hectares and relocate the garage to the edge of the envelope, subject to mitigation conditions.

The Tribunal accepted the uncontested expert planning evidence that the revised proposal meets the four tests under s. 45(1) of the Planning Act and authorized the variance subject to the agreed conditions.