The appellant appealed a Committee of Adjustment decision refusing a minor variance to permit a cabana accessory structure with a reduced exterior side yard setback.
At an uncontested hearing, the appellant's land use planner provided expert testimony that the variance met the four tests under the Planning Act, was consistent with provincial policies, and conformed to local official plans.
The Tribunal accepted the uncontested planning evidence, which was corroborated by municipal planning staff, and allowed the appeal, authorizing the variance subject to conditions.
