Jim S'ad

The appellant appealed a Committee of Adjustment decision refusing variances required to construct a garden suite in the rear yard of a residential property.

Prior to the hearing, the appellant reduced the height of the proposed structure, eliminating the need for five of the seven original variances.

The City did not oppose the modified proposal.

The Tribunal accepted the uncontested expert planning evidence that the remaining variances for rear yard soft landscaping and parking space width met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were approved, subject to a condition regarding tree removal permits.