Neighbour's appeal of minor variance for rear yard addition dismissed; applicants' costs request denied.
The applicants sought a minor variance to reduce the rear yard setback to construct a garden room addition replacing an existing deck.
The Committee of Adjustment authorized the variance.
A neighbour appealed, arguing the variance was not needed, not minor, and would set a precedent.
The Ontario Land Tribunal dismissed the appeal and authorized the variance, finding it met the four tests under s. 45(1) of the Planning Act.
The Tribunal also denied the applicants' request for costs, finding the appellant's conduct was reasonable and appropriate.
OLTOntario Land TribunalJun 8, 2021
