Sevan Torus

The appellant appealed a minor variance application to permit the construction of an inground swimming pool in the rear yard, requiring a reduction in the rear yard setback.

Prior to the hearing, the parties reached a settlement and submitted a revised application that shifted the pool to avoid tree removal.

The Tribunal accepted uncontroverted expert planning evidence that the revised variance met the four tests under the Planning Act, was consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed and the variance authorized.

The applicant appealed the Township of King's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision to permit a 48-unit townhouse development.

The parties reached a settlement on revised instruments.

Based on uncontested expert evidence in planning, transportation, arboriculture, and ecology, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Oak Ridges Moraine Conservation Plan, and applicable official plans.

The Tribunal allowed the appeals in part, approving the revised instruments and delegating authority to the Township to clear draft plan conditions.