Walter Basic

The appellant appealed the Town of Grimsby Committee of Adjustment's decision denying a minor variance to change the minimum setback from a front lot line for an accessory building.

The appellant sought to convert an existing dwelling into an accessory building located closer to the street than the front wall of the new primary dwelling.

Relying on the uncontested expert planning evidence provided by the Town, the Tribunal found that the variance satisfied the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variance authorized subject to conditions.

The appellants appealed the Committee of Adjustment's denial of a minor variance to permit a hemp processing facility on a property zoned Specialty Crop.

The Tribunal allowed the appeal, finding that the proposed agriculture-related use is consistent with provincial and regional policies and meets the four tests under the Planning Act.

The Tribunal preferred the evidence of the appellants' planner and the Town's Director of Planning, who was summoned by the appellants, over the Town's retained expert.

The Tribunal concluded that site plan control would adequately address any operational concerns.

The appellant appealed the Committee of Adjustment's refusal of a minor variance to permit a canopy encroachment of 6.215 metres into the rear yard, where a maximum of 1.5 metres is permitted.

The Tribunal found that the variance met the four tests under section 45(1) of the Planning Act, noting that the proposed covered porch would be compatible with the neighbourhood and would not result in undue adverse impacts on adjacent properties.

The appeal was allowed and the variance was authorized subject to a condition requiring a visual privacy screen.