Andrew Palumbo

The appellant appealed the Committee of Adjustment's refusal to grant consent to sever a residential property into two lots and to authorize associated minor variances for the construction of two new detached dwellings.

The proposed development required variances for lot frontage, front yard setback, exterior stair width, and second-storey platform area.

The Toronto Local Appeal Body allowed the appeals, finding that the proposed severance met the criteria under section 51(24) of the Planning Act and that the variances satisfied the four tests under section 45(1).

The Tribunal accepted expert planning evidence that the proposal represented gentle intensification that would respect and reinforce the existing physical character of the immediate neighbourhood context, despite objections from neighbours regarding the preservation of large lots.