C. Jewell

The appellant appealed the Committee of Adjustment's refusal of an application for consent to sever a property into two residential lots and associated minor variances for two new detached dwellings.

The Toronto Local Appeal Body dismissed the appeal, finding that the proposed lot frontages and areas did not respect and reinforce the existing physical character of the neighbourhood as required by the Official Plan.

The Tribunal preferred the evidence of the neighbourhood association's urban design expert over the applicant's planner, concluding that the requested floor space index variances would result in a built form that did not fit the context.

The applications failed to meet the criteria for consent under the Planning Act and the four tests for minor variances.