2 total
Motion for costs dismissed as appellant's conduct in zoning appeal was not unreasonable or vexatious.
The applicant brought a motion for costs against the appellant following the dismissal of the appellant's appeal of a zoning by-law amendment.
The applicant argued that the appellant's motion to adjourn the merit hearing and the evidence presented at the hearing were unreasonable and frivolous.
The Tribunal found that the motion to adjourn was justified due to an incomplete municipal record, and that the appeal was based on valid land use planning grounds.
The Tribunal concluded that the appellant's conduct was neither vexatious nor in bad faith, and dismissed the motion for costs.
Zoning by-law amendment for boathouse deck upheld; appeal dismissed as proposal conforms to planning policies.
The appellant appealed the Town of Gravenhurst's passage of a site-specific zoning by-law amendment that permitted the redevelopment of an abutting boathouse.
The amendment allowed for an increased lot coverage and a reduced front yard setback to facilitate the construction of an at-grade deck.
The appellant argued the amendment would facilitate an illegal roof-top patio use and lacked necessary municipal servicing.
The Tribunal dismissed the appeal, finding that the at-grade deck did not constitute a new use requiring municipal services, and that the amendment was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.
