Ashley Kotarba

The appellant appealed the Committee of Adjustment's denial of an application under s. 45(2)(a)(i) of the Planning Act to enlarge an existing legally non-conforming building.

The proposal involved demolishing two century-old semi-detached dwellings in the Rockcliffe Park Heritage Conservation District and reconstructing two larger semi-detached dwellings.

The Tribunal found that the existing dwellings, although uninhabitable, remained structurally intact from the public realm and thus maintained their legally non-conforming use status.

Applying the Fraser Test, the Tribunal concluded the enlargement was desirable for the appropriate development of the lands and would not cause undue adverse impacts on the neighbourhood.

The Tribunal allowed the appeal and granted the requested permissions.