Appeal allowed in part to authorize minor variances for lot width and area based on settlement.
The appellant appealed the Committee of Adjustment's denial of a minor variance application to permit the development of a single-unit dwelling with reduced lot width, lot area, and side yard setback.
The parties reached a settlement to approve the lot width and area variances subject to a condition limiting the property to one single dwelling unit, while maintaining the denial of the side yard setback variance.
The Tribunal accepted uncontested expert planning evidence that the amended variances satisfy the four tests under section 45(1) of the Planning Act and allowed the appeal in part to authorize the settlement.
OLTOntario Land TribunalJan 20, 2023
