The applicant sought minor variances to permit amplified sound on an existing outdoor, rooftop commercial patio and to allow a lower privacy screen than required by the Zoning By-law.
The Committee of Adjustment heard evidence from the applicant's agents and numerous area residents who expressed concerns about excessive noise and violations of previous conditions.
The Committee found that the applicant failed to provide sufficient evidence, such as an up-to-date noise study, to demonstrate that the patio could function without creating an undesirable condition for residents.
The Committee concluded that the requested variances did not meet the four-part test under subsection 45(1) of the Planning Act, as they were not desirable, did not maintain the general intent of the Official Plan or Zoning By-law, and were not minor due to unacceptable adverse impacts on the neighbourhood.
The application was refused.