Allan Ramsey

The appellant appealed the Committee of Adjustment's refusal of consent and minor variance applications to permit the severance of a corner lot and the construction of semi-detached dwellings with additional residential units.

The Tribunal allowed the appeals in part, granting provisional consent and authorizing variances for lot area, frontage, coverage, exterior side yard setback, and eave height, finding they met the tests under s. 45(1) of the Planning Act and respected the neighbourhood's eclectic character.

However, the Tribunal refused the variance to reduce the required parking spaces from two to one, citing a lack of justification and potential neighbourhood impact.

The Tribunal also upheld a standard municipal condition requiring an acoustical report due to the property's proximity to railway tracks.

The applicant appealed the City of Brampton's refusal of a zoning by-law amendment to permit a 29-storey mixed-use building.

The subject property was designated Mixed-Use Two (MU2), which limits height to 20 storeys and density to 3.0 FSI.

The applicant argued that a secondary plan policy allowed for greater height and density with justification, without needing an official plan amendment.

The Tribunal found that the correct density calculation was 9.53 FSI based on net site area.

The Tribunal held that while the exception policy was permissive, it could not be used to 'leapfrog' the maximum height and density of the next higher designation, as doing so would undermine the foundational hierarchy of designations in the Secondary Plan.

The appeal was dismissed as the proposal did not conform to the official plan.