Randi Kalar

The applicant appealed the Committee of Adjustment's refusal of minor variances to permit interior alterations to an existing apartment building, increasing the number of units from 11 to 20.

The parties reached a settlement and presented revised variances, including reductions in lot area, landscaped open space, and parking requirements.

The Tribunal accepted uncontested expert planning evidence that the variances met the four tests under the Planning Act, noting the proposal would provide additional affordable housing without increasing the building's gross floor area.

The appeal was allowed in part on an interim basis, with the variances authorized subject to conditions.

The applicant appealed the City of Sarnia's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a six-storey, 56-unit affordable housing development.

The parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development is consistent with the Provincial Planning Statement, conforms to the applicable Official Plans, and represents good planning.

The appeals were allowed in part to implement the settlement.

The appellants appealed the City of Sarnia Committee of Adjustment's refusal of minor variances to permit the construction of a new single-detached dwelling with an attached three-car garage.

The variances sought relief for exterior side yard setback, garage door setback, and driveway width.

The City opposed the garage door setback variance, arguing it would lead to illegal parking encroaching on the municipal right-of-way.

The Tribunal favored the appellants' planning evidence, finding that the potential for illegal parking was an enforcement issue rather than a planning matter, and that the variances met the four tests under the Planning Act.

The appeal was allowed and the variances were authorized subject to conditions.