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Minor variance for home medical office granted, but variance for non-resident employee denied.
The applicants appealed a Committee of Adjustment decision refusing minor variances to permit a medical office as a home occupation and to allow one non-resident employee.
The Ontario Land Tribunal allowed the appeal in part.
The Tribunal authorized the variance for the medical office, finding it met the four tests under the Planning Act as it would operate within the policies of a home occupation without altering the physical character of the neighbourhood.
However, the Tribunal dismissed the variance for the non-resident employee, concluding that it did not meet the intent of the zoning by-law and would inappropriately commercialize the residential area.
Minor variances for boathouse replacement authorized on consent following settlement between property owners and Township.
The applicants appealed the Township's refusal of minor variances required to rebuild a larger boathouse on their shoreline property.
The parties reached a settlement reducing the requested lot coverage variance.
Based on uncontroverted expert planning evidence, the Tribunal found the variances met the four-part test under s. 45(1) of the Planning Act, as they maintained the intent of the Official Plan and Zoning By-law, were minor, and were desirable for the appropriate recreational use of the land.
The appeal was allowed and the variances were authorized subject to conditions.
