The appellant appealed a Committee of Adjustment decision granting a minor variance to reduce the interior side yard setback for an accessory structure (a pool house addition).
The applicant had constructed the addition based on an outdated survey, and a new survey revealed the setback non-compliance.
The Tribunal accepted the unrefuted expert land use planning evidence that the variance met the four tests under section 45(1) of the Planning Act.
The appeal was dismissed and the variance was authorized subject to the original conditions.
