Sarah Ivins

The appellant appealed a Committee of Adjustment decision refusing minor variances to increase maximum lot coverage and accessory building lot coverage to permit the addition of a balcony, raised deck, and shed.

The Tribunal reviewed the proposed development against the Provincial Policy Statement, Growth Plan, and local planning documents.

Relying on the opinion evidence of the municipal planner, the Tribunal found that the requested variances would lead to overdevelopment, did not maintain the general intent and purpose of the Zoning By-law, and were not minor in nature.

The appeal was dismissed and the variances were not authorized.

The appellant appealed the Township's Committee of Adjustment decision refusing minor variances required to permit a partially constructed shed in the front yard of a lakefront property.

The shed was sited in the front yard due to natural hazard and environmental conservation constraints near the Lake Erie shoreline.

Based on uncontradicted expert planning evidence, the Tribunal found the variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed and the variances were authorized.