Lincoln Lo

The applicant appealed the Committee of Adjustment's refusal of minor variances to reduce the minimum front and rear yard soft landscaping requirements for a residential property.

The applicant had previously installed hardscaping and a subterranean stormwater management system.

The Toronto Local Appeal Body allowed the appeal, finding that the variances met the four tests under the Planning Act.

The tribunal accepted expert planning evidence that the stormwater system effectively managed run-off, fulfilling the intent of the soft landscaping by-law, and that the hardscaping was compatible with the evolving neighbourhood character.