The City of Oshawa appealed a Committee of Adjustment decision granting a minor variance to reduce the required front yard landscaped open space from 50% to 45.9% to accommodate a parking space for an accessory apartment.
The City argued the variance would necessitate the removal of a municipal tree and a fire hydrant to allow a curb cut.
The Tribunal found that the practical challenges of operationalizing the variance, such as tree removal, were separate from the planning merits of the variance itself.
The Tribunal preferred the applicant's planning evidence, finding the variance met the four tests under s. 45(1) of the Planning Act, and dismissed the appeal, authorizing the variance subject to a condition.
