E. Theodore

The appellant appealed a Committee of Adjustment decision refusing an application for minor variances to permit the construction of a three-storey detached dwelling.

Prior to the hearing, the appellant revised the plans, reducing the requested variances, and reached a settlement with the resident association, which the City did not oppose.

The Toronto Local Appeal Body found the revised variances were minor and did not require further notice.

Relying on uncontested expert planning evidence, the Tribunal concluded the variances met the four-part test under the Planning Act, being consistent with provincial policy encouraging intensification near transit and maintaining the intent of the Official Plan and Zoning By-law.

The appeal was allowed in part to approve the revised variances subject to conditions.