2 total
Appeal allowed and minor variances for accessory structure authorized based on settlement and uncontroverted planning evidence.
The applicant appealed the municipal Committee of Adjustment's refusal of a minor variance application to permit the construction of a building addition to an existing accessory structure with increased gross floor area and height.
Prior to the hearing, the parties executed Minutes of Settlement.
Relying on the uncontroverted expert planning evidence, the Tribunal found that the requested variances met the four-part test under s. 45(1) of the Planning Act.
The appeal was allowed and the variances were authorized.
Minor variance for increased lot coverage to permit a roofed-in terrace authorized on appeal.
The applicant appealed the Committee of Adjustment's refusal to authorize a minor variance to increase the maximum lot coverage from 35% to 39% to permit a roofed-in terrace on a new single-family dwelling.
The Town supported the application and presented uncontested expert planning evidence.
The Tribunal found that the variance met the four-part test under subsection 45(1) of the Planning Act, as it maintained the general intent of the official plans and zoning by-law, was desirable, and was minor in nature with no adverse impacts.
The appeal was allowed and the variance authorized.
