B. Martin

The appellant appealed a Committee of Adjustment decision that approved minor variances for exterior stairs and front yard landscaping on the condition that a minimum of 3.0 m2 of soft landscaping be provided.

The appellant sought to remove the condition, citing the presence of two gas lines in the front yard that would be costly to relocate.

The Toronto Local Appeal Body found that the variances, without the condition, met the four tests under s. 45(1) of the Planning Act, noting that many properties in the immediate area also have 0.0% soft landscaping.

The appeal was granted and the variances were approved without the condition.

A party to a minor variance appeal brought a motion to adjourn the scheduled hearing date because their retained planner was unavailable.

No objections were received from the appellant, other parties, or participants.

The Toronto Local Appeal Body granted the adjournment pursuant to Rule 21.7 of its Rules of Practice and Procedure and directed that a new hearing date be scheduled.

The appellant appealed a Committee of Adjustment decision refusing a minor variance to legalize an as-constructed rear yard ancillary structure.

The appellant sought to increase the permitted height from 4.0 metres to 5.72 metres.

The Toronto Local Appeal Body heard competing expert land use planning evidence regarding the compatibility of the proposed height with the neighbourhood's physical character.

The panel preferred the City's expert evidence, finding that the proposed height was incompatible and would have a comprehensive visual impact.

The appeal was dismissed as the variance did not meet the four tests under the Planning Act.

The appellant requested an adjournment of the scheduled hearing regarding minor variances because the requested variances might change based on a newly commissioned as-built survey.

Both parties agreed to the adjournment.

A pre-hearing conference was held to set a new schedule for document disclosure and witness statements.

The Tribunal granted the adjournment and issued a procedural order setting out the new deadlines.

The appellant appealed a decision of the Committee of Adjustment refusing a minor variance for a floor space index increase to 1.02 times the lot area.

The variance was sought to allow the conversion of non-habitable attic space into habitable space in a dwelling under construction.

The Toronto Local Appeal Body accepted uncontested expert planning evidence that the variance met the four tests under section 45(1) of the Planning Act, as it would not change the building's massing or scale and would not create undue adverse impacts.

The appeal was granted and the variance approved.

The appellant appealed the Committee of Adjustment's refusal of applications for consent to sever and minor variances for a property in Toronto.

The proposal sought to divide the existing lot into two and construct a new two-storey single detached dwelling on each, requiring variances for lot frontage and area.

Relying on uncontested expert planning evidence, the Toronto Local Appeal Body found that the applications were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and met the statutory tests under the Planning Act.

The appeal was allowed, the variances were approved, and provisional consent was granted subject to conditions.

The appellant appealed a decision of the Committee of Adjustment refusing minor variances required to construct a rear deck and utility shed.

The tribunal heard uncontested expert land use planning evidence that the proposed structures were consistent with the neighbourhood's physical character, created no privacy impacts, and satisfied the four tests under s. 45(1) of the Planning Act.

The tribunal allowed the appeal and approved the variances subject to conditions.

The appellant appealed a Committee of Adjustment decision refusing a minor variance for a reverse grade driveway, while approving 10 other variances for a new two-storey detached house.

The tribunal accepted expert planning evidence that the proposed development, including the reverse grade driveway, respected the neighbourhood's physical character and met the four tests under the Planning Act.

The appeal was allowed and all variances were conditionally approved.

The appellant appealed a decision of the Committee of Adjustment refusing minor variances required to construct a new two-storey single detached house.

The requested variances related to lot coverage, building length, building depth, height, and side yard setbacks.

Based on uncontested expert land use planning evidence, the Tribunal found that the amended variances met the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized subject to conditions.

The appellant appealed a Committee of Adjustment decision refusing minor variances to permit a circular driveway in the front yard.

The proposed driveway required variances for front yard landscaping and multiple access points.

The tribunal accepted expert planning evidence that the variances met the four tests under the Planning Act, noting the design would preserve an existing city tree and manage stormwater effectively.

The appeal was allowed and the variances were approved.

The appellant appealed a Committee of Adjustment decision refusing a minor variance to increase the maximum permitted building length from 17 m to 22.06 m.

The appellant was represented by a paralegal who provided opinion evidence but did not call a land use planner.

The Toronto Local Appeal Body found that the appellant's evidence failed to satisfy the four statutory tests for a minor variance under section 45(1) of the Planning Act.

The appeal was dismissed and the variance refused.

The appellant appealed a Committee of Adjustment decision refusing two minor variances required to legalize and maintain a third-storey addition to a detached dwelling.

The variances sought relief for side exterior main wall height and floor space index.

The Toronto Local Appeal Body dismissed the appeal, finding that the requested variance for maximum main side wall height did not meet the four tests under s. 45(1) of the Planning Act.

The panel rejected the appellant's expert planning evidence, concluding that the variance was not minor or desirable and would have an unacceptable impact on the immediate context.

The appellant appealed a Committee of Adjustment decision refusing minor variances to permit the construction of a replacement detached garage on a corner lot.

The Toronto Local Appeal Body heard uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized, subject to conditions requiring the closure of existing open building permits and the planting of boulevard trees to address long-standing property standards issues.

The appellants appealed the City of Toronto Committee of Adjustment's refusal of applications for consent to sever and minor variances for properties on Forest Hill Road.

The applications sought to adjust lot lines and construct new three-storey detached dwellings.

The Toronto Local Appeal Body heard uncontested expert land use planning evidence supporting the applications.

The tribunal found that the proposed consent simply adjusted existing property lines and the variances would allow appropriately sited dwellings that reinforce the neighbourhood's physical character.

The appeals were allowed and the applications approved, subject to engineering conditions.

The appellant appealed the Committee of Adjustment's conditional approval of six minor variances for the construction of a front porch, attached carport, and driveway alterations at the neighbouring property.

The parties reached a settlement during the hearing.

The Tribunal accepted expert planning evidence that the variances met the four tests under section 45(1) of the Planning Act and were consistent with provincial policy.

The appeal was dismissed, and the variances were approved subject to conditions reflecting the settlement and tree protection requirements.