David A. McKay

The appellant appealed the Committee of Adjustment's denial of five minor variances for a property located at 775 Vaughan Road.

The variances sought to increase the building height from 38 to 45 storeys, increase gross floor area, and adjust setback and amenity space requirements to facilitate a purpose-built rental building with additional community benefits.

The Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, were consistent with the Provincial Planning Statement, and represented good planning.

The appeal was allowed and the variances were approved subject to conditions securing affordable housing or community cultural space.

The appellant appealed the Committee of Adjustment's refusal to approve minor variances for the construction of a detached dwelling.

Following mediation and a subsequent settlement among the parties, revised variances were submitted.

Based on the uncontradicted expert planning evidence that the revised variances met the four tests under the Planning Act, the Toronto Local Appeal Body allowed the appeal in part and approved the revised variances subject to conditions.