Denise McMullin

The City of Toronto appealed a Committee of Adjustment decision granting consents to sever two existing residential lots into three, along with associated minor variances for lot frontage, area, side yard setbacks, and coverage.

The Toronto Local Appeal Body (TLAB) considered competing expert planning evidence regarding whether the proposed lots respected and reinforced the physical character of the Don Mills neighbourhood.

The TLAB preferred the qualitative analysis of the owners' planner, finding that the proposed lots represented gradual change that fit the existing neighbourhood character.

The appeal was allowed in part only to approve revised applications submitted by the owners, and the consents and variances were approved subject to conditions.