The Long Branch Neighbourhood Association and the City of Toronto appealed a Committee of Adjustment decision granting minor variances to permit the construction of a new detached two-storey dwelling and detached garage.
The variances related to floor space index and side yard setbacks, and the proposal required the removal of a mature black walnut tree.
The City withdrew its opposition after confirming the tree was on private property.
The TLAB found that the applicant met disclosure requirements and provided sufficient evidence.
The TLAB held that the variances met the four tests under s. 45(1) of the Planning Act, noting that the proposal respected the neighbourhood's physical character and that the applicant had made reasonable efforts to address tree canopy protection.
The appeal was dismissed and the variances were authorized subject to conditions.