Demczur v. Town of Orangeville
Appeal the granting of a minor variance by the Committee of Adjustment of the Town of Orangeville from the provisions of Zoning By-law 22-90.This By-law requires a minimum yard setback of 1.5 metres and an encroachment of up to 0.7 metres into the side yard for stairs and other structures provided a setback of a minimum of 0.6 metres is maintained.
Appeal allowed (variance not authorized)
The Board finds that the construction on the subject property does not adhere to the rules and measurements of the Zoning By-law and is therefore contrary to both the provisions and the general intent and purpose of the By-law. Further, it fails three of the four tests required in s. 45(1) of the Planning Act and therefore is not desirable for the appropriate development, as it has an adverse impact on the Demczur property and is not minor.