The applicant appealed the Committee of Adjustment's denial of a minor variance application to permit a multi-unit residential building with commercial space.
Prior to the hearing, the applicant revised the proposal, reducing the height and number of units, which led to a settlement with the City.
Based on uncontested expert planning evidence, the Tribunal found the revised application met the four tests under s. 45(1) of the Planning Act, was consistent with the Provincial Policy Statement, and conformed to the Growth Plan.
The appeal was allowed in part and the revised variances were authorized subject to conditions.