B. Mahjoubi

The appellant appealed the Committee of Adjustment's refusal of a minor variance to permit a three-storey detached dwelling in a zone that limits buildings to two storeys.

The appellant argued that the basement should not count as a storey and cited other three-storey dwellings in the area.

The City's expert planner testified that the proposed dwelling would appear as a four-storey building from the street, which would not respect or reinforce the physical character of the neighbourhood.

The Tribunal accepted the expert's evidence, finding that the variance did not maintain the general intent and purpose of the Official Plan and zoning bylaw.

The appeal was dismissed and the variance refused.