Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 17, 2021
CASE NO(S).: OLT-21-001083
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Robert & Catherine Cuggy
Subject: Minor Variance from zoning by-law requirements
Description: To permit the development of a deck on the rear of the detached garage
Municipal Reference: A-17-21
Property Address/Description: 4940 Severn Street
Municipality: Township of Severn
OLT Lead Case No.: OLT-21-001083
OLT Case No.: OLT-21-001083
OLT Case Name: Cuggy v. Severn (Township)
Heard: December 6, 2021 by Video Hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Catherine and Robert Cuggy (“Applicant”) | Marie Poirier |
| Township of Severn (“Township”) | Katie Mandeville |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON DECEMBER 6, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant applied to the Township for minor variances (“Application”) to validate exterior alterations (“Deck”) already made to their residence at 4940 Severn Street, in the Township (“Subject Property”).
2The Subject Property has an approximate area of 0.11 hectares with an approximate frontage of 29 metres onto the Severn River. The Subject Property contains an existing single detached dwelling with attached decks, a detached garage with an attached deck, a garden shed and a metal gazebo.
3The Subject Property was previously the subject of a minor variance application, which was approved by the Committee of Adjustment (“COA”) in July 2020 (“2020 Approval”), relating to the replacement of a detached garage. This approval permitted reduced interior and rear yard setbacks and increased overall and accessory structure lot coverages to accommodate the new detached garage.
4The detached garage is now built and the Applicant submitted the Application to accommodate a Deck, which was built without a permit and is attached to the rear of the existing detached garage.
5The Township’s Planning Staff recommended that the Application be denied, and the COA subsequently denied the requested minor variances on May 18, 2021.
6The Applicant appealed to this Tribunal, pursuant to s. 45(12) of the Planning Act (“Act”).
7Prior to the scheduled hearing of the Appeal, on the merits, the Tribunal was advised that a settlement had been reached between the Parties.
8For the reasons that follow, the Tribunal will allow the Appeal in part and authorize the requested variance, as amended with conditions.
THE APPLICATION
9The Applicant’s original Application, to validate the Deck that was already constructed, was for the following variances:
- A maximum lot coverage of 19%, instead of 18%, which is permitted pursuant to the 2020 Approval; and,
- A maximum lot coverage of accessory structures of 9%, instead of 7%, which is permitted pursuant to the 2020 Approval.
10The Applicant required the additional lot coverage to bring the Deck into compliance with the Township’s Zoning By-Law No. 2010-65, as amended (“ZBL”).
THE AMENDED VARIANCE
11Subsequent to the COA’s denial of the Application, further site inspections were performed, additional measurements of the Deck were taken, and the Parties engaged in discussions. Based on the additional information gathered, the Township determined that an increase of 0.5% to the lot coverage of accessory structures was the only variance required to bring the Deck into compliance.
12The result is that the variances in the Application were amended and are more limited in nature. The only variance before the Tribunal, in this Appeal, is an increase in lot coverage of accessory structures to 7.5% (“Variance”), where 7% is currently permitted.
13As the Tribunal is being asked to amend the Application from that which went before the COA, it must consider whether the amendment is minor and whether further notice is required under the Act. The Parties agree that the Variance is minor in nature. The Tribunal accepts this and finds that the amendment is minor and that no further notice is required under [s. 45(18.1.1)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13