Gregorii Davidovich

The appellants appealed the Committee of Adjustment's denial of minor variances for two properties to construct a semi-detached two-storey ancillary building (garage with second-storey storage).

The Tribunal found that the proposal met the four tests under s. 45(1) of the Planning Act, noting that it functioned similarly to an as-of-right garden suite but could not be classified as such due to emergency access constraints.

The appeal was allowed and the variances were authorized, subject to a condition that the ancillary structures not contain habitable space.