Minor variance appeal allowed; 35% lot coverage authorized for new residential dwellings.
The appellant appealed the Town of Whitby Committee of Adjustment's decision to modify a requested minor variance for lot coverage from 35% to 30% for two new residential dwellings on severed and retained parcels.
The Ontario Land Tribunal found that the requested variances, including the 35% lot coverage, met the four tests under s. 45(1) of the Planning Act, relying on uncontested municipal planning staff reports and the appellant's architect.
The appeal was allowed and the variances were authorized subject to conditions.
OLTOntario Land TribunalApr 1, 2022
