Minor variances for apartment deck expansion authorized; privacy screening condition mitigates overlook concerns.
The appellants appealed a Committee of Adjustment decision granting minor variances to permit the expansion of an existing three-level deck and staircase structure at the rear of a six-unit apartment building.
The appellants argued the proposed structure would be incompatible with the neighbourhood and cause significant overlook and noise impacts.
The Tribunal dismissed the appeal and authorized the variances, relying on uncontradicted expert planning evidence that the existing structure enjoyed legal non-complying status and the variances met the four tests under the Planning Act.
The Tribunal found the proposal was compatible with the neighbourhood and that potential impacts would be appropriately mitigated by the required opaque privacy screening.
OLTOntario Land TribunalFeb 23, 2022
