Connor Rudka

The owners of a residential property appealed a Committee of Adjustment decision denying their application for minor variances to construct a new three-storey dwelling.

The Toronto Local Appeal Body considered the modified variance requests, which included increased setbacks and reduced platform area to address a neighbour's privacy concerns, as well as a redesigned driveway to protect a City tree.

Relying on uncontested expert planning evidence, the Tribunal found that the modified variances met the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were approved subject to conditions regarding tree preservation and privacy screening.

The appellant appealed the Committee of Adjustment's refusal of a minor variance application to permit the construction of a new three-storey dwelling.

At the prehearing conference, the appellant presented revised plans that reduced deck sizes, added privacy screening, and altered the driveway design to preserve a significant street tree.

The Tribunal directed the parties to engage in settlement discussions based on the revisions and issued procedural directions for the filing of revised plans and witness statements ahead of the scheduled hearing.