J. William Birdsell

The appellant appealed a Committee of Adjustment decision refusing minor variances to permit the construction of a replacement detached garage on a corner lot.

The Toronto Local Appeal Body heard uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized, subject to conditions requiring the closure of existing open building permits and the planting of boulevard trees to address long-standing property standards issues.