The appellant appealed the Committee of Adjustment's refusal of minor variances to permit a second-storey addition to an interior townhouse unit.
The requested variances included a 0-metre interior side yard setback, reduced minimum floor area, and increased maximum lot coverage.
The Tribunal found that while the variances maintained the general intent of the Official Plan, they failed the remaining three tests under section 45(1) of the Planning Act.
Specifically, the 0-metre side yard setback would create negative impacts on neighbouring properties regarding sunlight, drainage, and access, and was not compatible with the existing built form.
The appeal was dismissed and the variances were not authorized.