Joseph Cimer

The appellant appealed the Committee of Adjustment's refusal of minor variances required to construct a new fourplex and garden suite.

Prior to the hearing, the appellant revised the plans to eliminate and reduce several variances, responding to concerns from the City's planner.

The Toronto Local Appeal Body found the amendments to be minor and evaluated the revised variances against the four tests under the Planning Act.

Relying on the uncontroverted expert planning evidence of the appellant's planner, the Tribunal found that the variances maintained the general intent and purpose of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor.

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