Minor variances granted for accessory take-out restaurant at gas station; use found to remain subordinate.
The applicant appealed the City of Mississauga Committee of Adjustment's refusal of minor variances to permit an A&W take-out restaurant with a drive-through as an accessory use to an existing gas station, and to reduce landscape buffers.
The City argued the restaurant was a principal use due to its size and operational independence.
The Tribunal found the restaurant remained an accessory use, noting it occupied only 25% of the kiosk area and did not dominate the primary gas bar function.
The Tribunal allowed the appeal, finding the variances met the four-part test under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning without the need for conditions.
OLTOntario Land TribunalJun 3, 2026
