The applicant, Barrhaven Conservancy Development Corporation, applied for a minor variance to reduce the rear yard setback for a detached dwelling at 338 Peninsula Road.
The requested variance sought a reduced rear yard setback of 4.5 metres for 55% of the lot width, whereas the Zoning By-law permitted this reduction for a maximum of 50% of the lot width.
The Committee of Adjustment, by a majority, found that the variance met the four-part test under subsection 45(1) of the Planning Act, noting that the rear yard amenity area would still exceed the minimum requirement and that there was no evidence of adverse impacts on neighbouring properties.
The application was granted.