The applicants sought leave to appeal a decision of the Ontario Municipal Board granting minor variances for a rear two-story addition to the respondents' neighbouring property.
The applicants argued that the Board failed to provide sufficient reasons regarding the third test for a minor variance, specifically whether the side yard variances maintained the general intent and purpose of the zoning bylaw.
The Divisional Court agreed, finding that the Board's failure to articulate its analysis on this mandated requirement constituted a fundamental flaw and an error of law.
Leave to appeal was granted, and costs were awarded to the applicants.
