Stephanie Poirier

The applicant appealed the Committee of Adjustment's denial of minor variances required to replace deteriorating exterior stairs and construct a new second-storey deck with reduced side yard setbacks.

The City opposed the upper deck, citing privacy concerns and neighbourhood character.

The Tribunal allowed the appeal, finding that the variances met the four tests under the Planning Act, as the stairs addressed an immediate safety hazard and the deck facilitated neighbourhood renewal.

The variances were authorized subject to a condition requiring the installation of privacy screening on the upper deck to mitigate impacts on abutting properties.

The applicant appealed the municipal Committee of Adjustment's refusal of consent and minor variance applications to create an infill lot.

At the hearing, the parties presented a settlement agreement.

Based on uncontroverted expert planning evidence, the Tribunal found the applications consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeal was allowed, provisional consent was granted subject to conditions, and the minor variances were authorized.