Brian Sulley

The appellant sought variance relief to permit outdoor storage of building materials on a property zoned Prestige Employment, where such use is explicitly prohibited.

The Toronto Local Appeal Body dismissed the appeal, finding that authorizing a completely prohibited use constitutes an amendment to the zoning by-law rather than a minor variance.

The Tribunal accepted expert evidence that the proposal failed to maintain the general intent and purpose of both the Official Plan and the Zoning By-law.