Neil Davies has appealed to the Ontario Municipal Board (OMB) in hopes of securing the minor variances he requires to keep a tree house he built in his backyard after his application was refused at the committee of adjustment.
In his appeal, Davies said he was unaware the tree house was considered to be an accessory structure and, therefore, subject to minimum three-metre side lot and rear lot setbacks from the property line.
“After many visits to the bylaw department, I was bounced around like a puppet, filling out forms and applications with no one ever telling me exactly what I was in violation of,” Davies wrote.
About a dozen neighbouring residents submitted letters to the committee of adjustment to indicate their objection to the tree house. Concerns ranged from the size, height and setbacks of the structure to noise, invasion of privacy and the impact it would have on property values.
Neighbours Leslie Bruce and James Naughton said they’re happy about the committee of adjustment’s decision and believe it was the correct one.
“The tree house he [Davies] erected is both overbearing and invasive of my privacy and, in my opinion, is not appropriate for the size of our lots,” Bruce wrote in a letter to the committee of adjustment.
In their report, city planning staff recommended refusal of the variance for a zero side lot setback.
A hearing date had yet to be scheduled at the provincial appeal board at press time.