A. Milne-Price

The appellant appealed a Committee of Adjustment decision refusing a minor variance to legalize an as-constructed rear yard ancillary structure.

The appellant sought to increase the permitted height from 4.0 metres to 5.72 metres.

The Toronto Local Appeal Body heard competing expert land use planning evidence regarding the compatibility of the proposed height with the neighbourhood's physical character.

The panel preferred the City's expert evidence, finding that the proposed height was incompatible and would have a comprehensive visual impact.

The appeal was dismissed as the variance did not meet the four tests under the Planning Act.