Minor variances for three-storey detached dwelling authorized as meeting the four tests under the Planning Act.
The appellants appealed the City of Ottawa Committee of Adjustment's refusal of minor variances required to construct a three-storey detached dwelling.
The requested variances included a reduced rear yard setback, increased balcony projection, increased rooftop access area, and increased building height.
The Tribunal heard uncontested expert planning and engineering evidence that the variances, particularly the height increase needed for a gravity flow sanitary sewer, met the four tests under section 45(1) of the Planning Act.
The Tribunal allowed the appeals and authorized the variances, finding they represented good land use planning and were consistent with the Provincial Policy Statement.
OLTOntario Land TribunalMar 5, 2024
