Andrew Dales

The appellants appealed a Committee of Adjustment decision refusing a side yard setback variance for a proposed side addition and second-storey deck.

Prior to the hearing, the appellants reached a settlement with the abutting neighbour, resulting in revised plans that increased the side yard setback but required new variances for building length and depth.

The Toronto Local Appeal Body converted the matter to a settlement hearing.

Based on uncontested expert planning evidence, the Tribunal found the revised variances met the four tests under the Planning Act and authorized them subject to conditions.

The appellant appealed a Committee of Adjustment decision refusing variances required to construct a garden suite in the rear yard of a residential property.

Prior to the hearing, the appellant reduced the height of the proposed structure, eliminating the need for five of the seven original variances.

The City did not oppose the modified proposal.

The Tribunal accepted the uncontested expert planning evidence that the remaining variances for rear yard soft landscaping and parking space width met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were approved, subject to a condition regarding tree removal permits.

The applicant sought minor variances to construct a rear two-storey addition, a third-storey addition, and a detached garage.

The Committee of Adjustment approved the variances, and the neighbouring property owners appealed to the Toronto Local Appeal Body.

The tribunal found that the applicant failed to establish the prevailing building type in the immediate context and did not demonstrate how the proposal, particularly the requested floor space index, respected and reinforced the existing physical character of the neighbourhood.

The appeal was allowed and the variances were refused.