Minor variance for reduced side yard setback authorized on appeal following settlement.
The appellant appealed the City of Ottawa Committee of Adjustment's denial of a minor variance application to reduce the side yard setbacks for a new detached dwelling.
Prior to the hearing, the parties reached a settlement and the application was amended to eliminate one variance and modify the other.
The Tribunal accepted uncontested expert planning evidence that the amended variance met the four tests under the Planning Act, being minor, desirable, and maintaining the intent of the Official Plan and Zoning By-law.
The appeal was allowed and the amended variance was authorized.
OLTOntario Land TribunalFeb 14, 2023
