Sara Ukaj

The applicant appealed the City of Mississauga Committee of Adjustment's refusal of minor variances to permit an expanded A&W take-out restaurant with a drive-through as an accessory use to an existing gas station, and to reduce a landscape buffer.

The City argued the restaurant's size and operational independence made it a principal use requiring zoning amendments.

The Tribunal preferred the applicant's planning evidence, finding the restaurant remained subordinate in scale and function to the gas bar.

The Tribunal held the variances met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed in part, granting the necessary variances without conditions.

The applicant appealed the City of Mississauga Committee of Adjustment's refusal of minor variances to permit an A&W take-out restaurant with a drive-through as an accessory use to an existing gas station, and to reduce landscape buffers.

The City argued the restaurant was a principal use due to its size and operational independence.

The Tribunal found the restaurant remained an accessory use, noting it occupied only 25% of the kiosk area and did not dominate the primary gas bar function.

The Tribunal allowed the appeal, finding the variances met the four-part test under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning without the need for conditions.