A. Powell

The appellant sought a minor variance to build a second-floor rear deck that would encroach 5.11 metres into the required rear yard setback.

The Toronto Local Appeal Body dismissed the appeal, finding that the variance failed to meet the four tests under the Planning Act.

The panel rejected the appellant's planner's arguments regarding 'eyes on the street' and minimization of the variance, preferring the opposing planner's evidence that the deck would not fit the neighbourhood character and would create unacceptable privacy and overlook impacts on adjacent properties.