Kathy Kakish

The appellant appealed the Committee of Adjustment's refusal of variances to expand the seating capacity and operating hours of a legal non-conforming restaurant use on a section of Scollard Street where restaurants are prohibited.

The Toronto Local Appeal Body dismissed the appeal, finding that the proposed intensification would bring increased adverse impacts to neighbours.

The tribunal held that the proposal failed to maintain the intent and purpose of the Official Plan and Zoning By-law, and did not satisfy the tests of being desirable and minor.

The appellant appealed a Committee of Adjustment decision refusing three variances required to permit the conversion of an existing detached garage into a garden suite.

The requested variances related to soft landscaping, east side yard setback, and the separation distance between the residential building and the ancillary building.

The Toronto Local Appeal Body reviewed the uncontroverted expert planning evidence and found that the proposal was consistent with the Provincial Policy Statement and maintained the general intent and purpose of the Official Plan and Zoning By-law.

The Tribunal concluded that the variances, although numerically significant in some respects, were minor in nature and desirable for the appropriate development of the land, as they represented gentle intensification without adverse planning impacts.

The appeal was allowed and the variances were authorized.

The appellant appealed a Committee of Adjustment decision refusing a consent to sever a residential property into two lots and associated minor variances for two new dwellings.

The Toronto Local Appeal Body dismissed the appeal, finding that the proposed lot frontage and area were significantly smaller than the prevailing lot configuration in the immediate neighbourhood.

The tribunal concluded that the application did not respect and reinforce the existing physical character of the neighbourhood as required by the official plan, and therefore failed to meet the criteria for severance under the Planning Act.

The appellant appealed the Committee of Adjustment's refusal of four variances required to construct a new fourplex with an integral garage on a corner lot.

The TLAB found that the proposed fourplex, which is permitted under the City's new multiplex policies (SASP 826), maintains the general intent and purpose of the Official Plan and Zoning By-law.

The TLAB accepted expert planning evidence that the variances for side and rear yard setbacks, building length, and main wall height were minor and desirable for the appropriate development of the land.

The appeal was allowed and the variances were authorized subject to conditions mitigating privacy and overlook concerns.