The applicants appealed the refusal of a minor variance by the Township of King Committee of Adjustment.
The variance sought to permit a reduced side yard setback of 1.06 metres for an as-built pool cabana, where 3.6 metres is required.
Based on uncontested expert planning evidence, the Tribunal found that the variance met the four tests under the Planning Act, as it was desirable, minor in nature, and maintained the intent of the Official Plan and Zoning By-law.
The appeal was allowed and the variance authorized subject to a condition.
