Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 21, 2026
CASE NO(S).:
OLT-25-000882
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Dennis and Chantale Roache
Subject:
Minor Variance
Description:
To permit construction of a detached accessory second dwelling unit on their property
Reference Number:
A-10/25
Property Address:
3209 Egremont Road
Municipality/UT:
Plympton-Wyoming/Lambton
OLT Case No.:
OLT-25-000882
OLT Lead Case No.:
OLT-25-000882
OLT Case Name:
Chantale Roache et al. v. Plympton-Wyoming (Town)
Heard:
April 15, 2026, by Video Hearing
APPEARANCES:
Parties
Counsel
Dennis and Chantale Roache
Analee Baroudi
Town of Plympton-Wyoming
Ken Strong
MEMORANDUM OF ORAL DECISION DELIVERED BY GORDON A. DRIEDGER ON APRIL 15, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Decision and Order relate to an appeal by Dennis and Chantale Roache (“Applicant” / “Appellant”) brought pursuant to an application for several minor variances to the Town of Plympton-Wyoming (“Town”) Zoning By-law No. 97 of 2003 for 3209 Egremont Road which was refused by the Town’s Committee of Adjustment. The requested variances related to setbacks for rear yard setback, interior side yard setback, maximum gross floor area of the Detached Accessory Second Dwelling and total lot coverage of all accessory buildings and structures.
2As a result of the Town’s passing of general amendments to its Zoning By-law in October 2025, two of the four requested variances are no longer required, leaving only variances related to interior side yard setback and maximum lot coverage for all accessory buildings and structures remaining.
3Specifically, the requested variances were:
A minimum interior side yard of 1.2 metres (“m”) whereas a minimum interior side yard of 2.4 m is required; and
A total lot coverage of 125 square metres (“m2”) for all accessory buildings and structures whereas the Zoning By-law permits a maximum of 93 m2.
4Prior to the commencement of the Hearing, the Tribunal received correspondence indicating that the Parties had agreed to parameters for two of the original four variances requested. The Parties made a request to the Tribunal to review and approve the proposed variances, submitted on consent, subject to conditions provided.
LEGISLATIVE FRAMEWORK
5The Tribunal, in considering appeals filed pursuant to section 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, must be satisfied that the variances are desirable for the appropriate development of the land and structure, that the requested variances conform with the general intent and purpose of the by-law and official plan, and are deemed to be minor in nature.
SUBJECT LAND AND SURROUNDING AREA
6The property is located at 3209 Egremont Road, Town of Plympton-Wyoming (“subject property”). The subject property is improved with a single detached dwelling and garage, a swimming pool, and several detached accessory buildings and structures located in the rear yard. The total lot coverages of existing buildings and structures is 87.7 m2.
7The Applicant, through an authorized agent, made an application to the Town for the requested variances. Prior to the initial Committee of Adjustment Hearing on August 12, 2025, Town staff provided a report to the Town’s Committee of Adjustment (“Staff Report”) as contained in Ms. Maria Cossa-Rossi’s affidavit. Ms. Cossa-Rossi is a Senior Planner for the Town of Plympton-Wyoming. The Staff Report outlined options for the Applicant to consider to alleviate the concerns expressed by Town staff related to the size of the proposed detached accessory dwelling unit. At its August 12th, 2025 meeting, the Town’s Committee of Adjustment deferred its decision to permit additional consultation on possible amendments to the required variances. On October 14th, 2025, the Town’s Committee of Adjustment denied the requested variances.
8Following the Applicant’s appeal of the refusal of the Town’s Committee of Adjustment, Town Council passed Town-wide amendments to its Zoning By-Law which negated two of the four variances originally requested. The Zoning By-Law amendment for Additional Residential Units (“ARUs”), effective October 27, 2025, reduced the minimum rear yard setback from 8 m to 2.4 m and eliminated all references to accessory second dwelling and their associated maximum allowable gross floor area.
9Town staff, the Applicant, and their respective counsel worked collaboratively to reach agreement on the details of a potential settlement and prerequisite conditions for approval of the two remaining required variances.
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