The appellant appealed the Committee of Adjustment's refusal of a minor variance application to permit an accessory dwelling unit in a townhouse and to reduce the required parking spaces from three to two.
The Ontario Land Tribunal allowed the appeal and authorized the variances, finding that they were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and met the four tests under the Planning Act.
The Tribunal accepted uncontroverted expert planning evidence that the variances maintain the general intent and purpose of the Official Plan and Zoning By-law, are minor in nature, and are desirable for the appropriate development of the land.