Alan Young

The appellant appealed a Committee of Adjustment decision refusing minor variances to permit the demolition of an existing house and construction of a new three-storey residential dwelling with an integral garage.

The requested variances included increased lot coverage, floor area, building height, number of storeys, and a large third-floor deck.

The Toronto Local Appeal Body dismissed the appeal, preferring the City's expert planning evidence that the proposal represented an overdevelopment of the site.

The tribunal found that the proposed density and large rooftop platform did not respect and reinforce the prevailing physical character of the neighbourhood, and therefore the variances did not meet the four tests under s. 45(1) of the Planning Act.