The appellant appealed the Committee of Adjustment's denial of a minor variance application to permit the construction of a new detached dwelling on a waterfront property.
The proposed variances sought relief for gross floor area, dwelling width, and building height.
The Tribunal allowed the appeal and authorized the variances, preferring the evidence of the appellant's land use planner.
The Tribunal found that the proposal satisfied the four-part test under the Planning Act, as it represented a reasonable expansion of a legal non-complying use, maintained the character of the area, and would not create negative impacts on adjacent properties.
