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Minor variances for new single detached dwelling authorized; appeal by City dismissed in part.
The City of Hamilton appealed a Committee of Adjustment decision granting minor variances to permit the construction of a new two-storey single detached dwelling.
The requested variances included reductions to front, side, and rear yard setbacks, and an increase in maximum lot coverage.
The Ontario Land Tribunal dismissed the appeal in part, finding that the variances met the four tests under section 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed with the Growth Plan.
The variances were authorized subject to a condition that the development be generally in keeping with the submitted site plan.
Minor variances for lot severance in heritage area authorized on uncontested expert planning evidence.
The applicant appealed the refusal of a minor variance application by the Township's Committee of Adjustment.
The variances were required to address zoning compliance for a proposed lot severance within a Heritage Overlay area.
The Township did not oppose the appeal.
Relying on uncontested expert planning evidence, the Tribunal found that the variances met the four-part test under s. 45(1) of the Planning Act, as they represented compatible infilling consistent with provincial policies and maintained the intent of the Official Plan and Zoning By-Law.
The appeal was allowed and the variances were authorized.
Engineering costs for withdrawn drain improvement request apportioned to watershed and municipality, not sole requesting landowner.
The appellant appealed the allocation of $15,000 in engineering costs assessed against his property for a proposed improvement to a municipal drain.
The appellant had requested the improvement but later withdrew the request.
The municipality then instructed its engineer to prepare a report under section 40 of the Drainage Act stating the works were not required, resulting in additional costs.
The Tribunal found that the initial $9,000 in engineering work benefited all properties in the watershed and should be assessed against the drain under the existing by-law.
The Tribunal further held that the municipality erred in directing a section 40 report, and ordered the remaining $6,000 to be paid out of the municipality's general funds.
Fire Safety Commission upholds and amends inspection orders on consent to require upgraded fire alarm system.
The appellant appealed two Review Decisions upholding Inspection Orders regarding fire safety measures at a seniors' home.
The parties reached a Terms of Resolution prior to the hearing, agreeing to classify the buildings as care occupancies.
The Fire Safety Commission accepted the resolution, upholding and amending the orders to require the installation of a fully addressable fire alarm system, an interim fire watch, and the distribution of fire safety educational materials.
