Blair Scorgie

The appellant appealed a Committee of Adjustment decision refusing variances to permit the construction of two garden suites on the footprint of an existing garage.

The proposed garden suites would have a gross floor area larger than the existing primary residence on the lot.

The Toronto Local Appeal Body allowed the appeal, accepting uncontested expert planning evidence that the proposal represented good planning, provided gentle intensification on a Major Street, and met the four tests for minor variances under the Planning Act.

The appellant appealed a Committee of Adjustment decision refusing variances for a laneway suite.

Prior to the hearing, the application was amended to reduce the number of variances to one, relating to building length.

The tribunal found the amendment minor and proceeded without further notice.

The tribunal determined the proposed building met the definition of a laneway suite despite a 6-metre setback from the lane.

Applying the four tests for a minor variance, the tribunal preferred the appellant's expert planning evidence over the neighbour's objections, finding the variance maintained the intent of the Official Plan and Zoning By-law, was desirable, and minor in impact.

The appeal was allowed and the variance authorized subject to conditions regarding landscaping.