The appellant appealed the Town of Fort Erie Committee of Adjustment's decision to deny a minor variance application for a property.
The application sought variances for rear yard setback, flood elevation setback, and accessory structure height to permit the expansion of a detached dwelling and construction of an accessory building.
Prior to the hearing, the appellant and the Town reached a settlement, but a neighbouring property owners' association opposed it, requesting an additional condition to restrict the dwelling's use.
The Tribunal found that the requested variances met the four tests under section 45(1) of the Planning Act and were consistent with provincial and municipal planning policies.
The Tribunal rejected the association's proposed condition, finding it outside the intent of the Zoning By-law, and allowed the appeal subject only to the condition agreed upon by the appellant and the Town.
