Martin Chan

The appellant appealed the Committee of Adjustment's refusal of minor variances to permit a children's outdoor play area in the front and side yards and to reduce the required parking to zero for an existing day nursery.

The Toronto Local Appeal Body found that the variances met the four tests under section 45(1) of the Planning Act.

The tribunal accepted uncontroverted expert evidence that the parking reduction would improve safety and pick-up/drop-off operations, and that the play area locations were appropriate and partially recognized by an existing encroachment agreement.

The appeal was allowed and the variances were authorized.