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Minor variance for existing deck refused for failing to meet the general intent of the Zoning By-law.
The appellant appealed a Committee of Adjustment decision refusing a minor variance to reduce the rear yard setback and increase maximum lot coverage to legalize an existing deck.
The Tribunal evaluated the application against the four tests under s. 45(1) of the Planning Act.
While finding the variance met the intent of the Official Plan, was desirable, and was minor in nature, the Tribunal concluded it did not maintain the general intent and purpose of the Zoning By-law.
The Tribunal found the deck's size and encroachment undermined the custom zoning standards established for the subdivision.
The appeal was dismissed and the variances were not authorized.
