Daniel Rende

The appellant appealed a Committee of Adjustment decision refusing two minor variances required to legalize and maintain a third-storey addition to a detached dwelling.

The variances sought relief for side exterior main wall height and floor space index.

The Toronto Local Appeal Body dismissed the appeal, finding that the requested variance for maximum main side wall height did not meet the four tests under s. 45(1) of the Planning Act.

The panel rejected the appellant's expert planning evidence, concluding that the variance was not minor or desirable and would have an unacceptable impact on the immediate context.