C. Kilby

The requestor sought a review of a TLAB decision that allowed an appeal and set aside a Committee of Adjustment decision granting consent to sever and minor variances for two new detached dwellings.

The requestor alleged the Chair made errors of law and fact, including rejecting uncontroverted expert planning evidence, substituting her own opinion, and violating procedural fairness.

The reviewing member found no compelling reasons demonstrating errors of law or fact, concluding the Chair properly evaluated and weighed the evidence against statutory tests.

The review request was denied and the original decision confirmed.

The applicant sought variances to build a two-storey addition with an integral garage and rear deck on a lakefront property.

The Committee of Adjustment refused the variances, and the applicant appealed to the Toronto Local Appeal Body.

The adjacent neighbour and a neighbourhood association opposed the appeal, raising concerns about neighbourhood character, front yard setbacks, and tree preservation.

The tribunal found that the variances, including those for floor space index and front yard setback, respected the existing physical character of the neighbourhood and met the four tests under section 45(1) of the Planning Act.

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