Brian Henshaw

The appellant appealed a minor variance application to permit the construction of an inground swimming pool in the rear yard, requiring a reduction in the rear yard setback.

Prior to the hearing, the parties reached a settlement and submitted a revised application that shifted the pool to avoid tree removal.

The Tribunal accepted uncontroverted expert planning evidence that the revised variance met the four tests under the Planning Act, was consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed and the variance authorized.

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Application to permit a 4-tower high-rise residential development on a portion of a former golf course, with the remainder dedicated as public open space.

The City and the Toronto and Region Conservation Authority opposed the development, arguing it was located in a hazardous area (erosion hazard) and would negatively impact the natural heritage system.

The Tribunal found that the development site, located on a stable paleo terrace, was safe from natural hazards and that the proposed mitigation and restoration measures would result in no net negative impact on the natural heritage system.

The Tribunal allowed the appeals in part, approving the OPA and ZBA in principle, while adjourning the Site Plan Application to allow the parties to resolve outstanding technical issues.