Alyssa Hawley

The applicant appealed a Committee of Adjustment decision refusing variances required to legalize an existing dwelling that was constructed contrary to its building permit.

The application was amended to 14 variances based on updated as-built drawings.

The City of Toronto and a neighbourhood association opposed the appeal, arguing the dwelling's height, flat roof, and high floor space index (FSI) were out of character and set a negative precedent.

The Toronto Local Appeal Body allowed the appeal, finding that the FSI was inflated by the lot's shoreline hazard area and that the dwelling's articulation mitigated its massing.

The Tribunal concluded the variances met the four tests under section 45(1) of the Planning Act and authorized them subject to a privacy screening condition.

The appellant appealed a Committee of Adjustment decision denying variances to construct a warehouse in a Core Employment Area.

The requested variances included reduced side yard setbacks, a reduced driveway width, and permission for a front yard loading space.

The Tribunal found that the side yard and driveway variances met the four tests under the Planning Act, as they were appropriate for the narrow lot and consistent with the area's character.

However, the Tribunal refused the variance for the front yard loading space, finding it contrary to the Official Plan and Zoning By-law's intent to limit vehicular access in front of buildings and protect the public realm.

The appellant was directed to submit a revised site plan eliminating the front yard loading space.