Minor variances for front yard balcony and side yard walkway authorized as meeting the four tests.
The appellant appealed the City of Kitchener Committee of Adjustment's decision denying minor variances for a front yard setback to facilitate a balcony and an interior side yard setback for an unobstructed walkway to an additional dwelling unit.
The Tribunal accepted the uncontested expert planning evidence that the variances meet the four tests under section 45(1) of the Planning Act, are consistent with the Provincial Policy Statement, and represent good planning.
The appeal was allowed and the variances were authorized.
OLTOntario Land TribunalMay 22, 2025
