Diana Steinberg

The City of Toronto appealed a Committee of Adjustment decision approving a consent to sever and associated minor variances for a residential property.

The owner proposed to sever the existing lot into two and construct two new two-storey detached dwellings.

The City argued the resulting lots and dwellings would not respect and reinforce the physical character of the neighbourhood based on a numerical analysis of prevailing lot sizes.

The Toronto Local Appeal Body preferred the owner's planning evidence, finding that the property's unique location at the edge of the neighbourhood and proximity to a subway station warranted a qualitative assessment.

The appeal was dismissed, the consent was granted, and the variances were authorized.

The City of Toronto appealed a Committee of Adjustment decision granting minor variances for lot coverage and front yard setback to permit a residential addition.

The parties reached a settlement after the applicant clarified that the increased lot coverage was due to external insulation required for Passive House Design.

The Toronto Local Appeal Body found the variances met the four tests under s. 45(1) of the Planning Act, as the design supported Official Plan policies on energy conservation.

The appeal was dismissed and the variances were authorized subject to conditions.

The City of Toronto appealed a Committee of Adjustment decision authorizing minor variances for a property.

Prior to the hearing, the City and the applicant reached a settlement based on revised plans that reduced the lot coverage, building length, and building depth.

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