D. Igelman

The appellant appealed the Committee of Adjustment's refusal of an application to sever a residential property into two lots and for associated minor variances for Floor Space Index (FSI).

The Toronto Local Appeal Body allowed the appeal, finding that the proposed lot dimensions complied with the Zoning By-law and therefore conformed to the Official Plan.

Although the proposed FSI was high for the neighbourhood, the tribunal found that the massing and scale of the proposed dwellings were compatible with the surrounding area, satisfying the four tests for minor variances.

The appellant appealed a Committee of Adjustment decision regarding minor variances to legalize a rear deck and basement addition constructed without a permit.

In an interim decision, the Toronto Local Appeal Body found the building variances acceptable but directed the parties to propose mitigation measures for the rear deck's privacy and overlook impacts.

After reviewing the proposed measures, the Tribunal allowed the appeal and authorized the variances subject to conditions requiring the relocation of an exhaust vent and the planting of a tree screen to protect the neighbour's privacy.

The applicant appealed a Committee of Adjustment decision denying 11 minor variances for a proposed three-storey dwelling and attached two-storey garage/cabana.

The Tribunal found that the proposed development, which included significant below-grade connections between the main dwelling and the cabana, represented an overdevelopment of the lot.

The Tribunal held that the requested variances for floor space index, building length, building depth, and building height did not respect and reinforce the physical character of the neighbourhood and failed to meet the four statutory tests under section 45(1) of the Planning Act.

The appeal was dismissed.

The presiding Panel Member of the Toronto Local Appeal Body convened a teleconference to address new information discovered during a file review prior to a scheduled hearing.

To maintain the integrity and transparency of the tribunal process, the Member concluded it was necessary to immediately recuse himself from the proceeding.

The Member ordered that the file be reassigned to a different panel member and that the scheduled hearing date be retained if possible.

The appellant appealed a Committee of Adjustment decision approving minor variances for a residential addition at the subject property.

The applicant sought an additional variance for floor space index at the hearing, which the tribunal deemed minor.

The tribunal considered concerns regarding privacy, side-yard setbacks, and main wall heights.

Relying on the applicant's expert planning evidence, the tribunal found that the variances met the four tests under the Planning Act, as they were consistent with neighbourhood characteristics and would not cause undue adverse impacts.

The appeal was dismissed and the variances were approved, subject to conditions including frosting the east-facing windows.