Bram Bulger

The owner applied for a minor variance to convert the second storey of a commercial building into residential units.

The property is located in an Employment Industrial Zone where residential uses are prohibited.

The Committee of Adjustment approved the application, and the City of Toronto appealed to the Toronto Local Appeal Body.

The owner did not appear at the hearing.

Relying on expert planning and economic development evidence from the City, the Tribunal found that introducing a sensitive residential use would destabilize the employment area and potentially impact the Environmental Compliance Approvals of nearby industries.

The Tribunal allowed the appeal and denied the variance, finding it failed all four tests under section 45(1) of the Planning Act.