Appeal allowed and minor variance denied for riverfront building exceeding height restrictions.
The appellant appealed a Committee of Adjustment decision granting a minor variance to the City of Windsor to permit a municipal building gallery and washroom facilities to extend above the crown of Riverside Drive.
The Tribunal found that the proposed development failed all four tests for a minor variance under s. 45(1) of the Planning Act.
Relying on expert planning evidence, the Tribunal concluded that the variance did not maintain the general intent and purpose of the Official Plan or Zoning By-law, was not minor, and was not desirable for the appropriate development of the land.
The appeal was allowed and the variance was denied.
OLTOntario Land TribunalJul 28, 2021
