Minor variances for a six-storey apartment building authorized as they meet the four tests under the Planning Act.
The appellant appealed the City of Kingston Committee of Adjustment's refusal of a minor variance application to facilitate the development of a six-storey, 23-unit apartment building.
The requested variances included reductions in parking requirements, an increase in maximum residential density, and a reduction in the minimum rear setback.
The City took no position on the appeal.
Based on the uncontroverted expert planning evidence, the Tribunal found that the variances were consistent with the Provincial Policy Statement, had regard for matters of Provincial interest, and met the four tests under s. 45(1) of the Planning Act.
The appeal was allowed and the variances were authorized subject to conditions.
OLTOntario Land TribunalOct 24, 2023
