Michael Goldberg

The appellant appealed a Committee of Adjustment decision refusing 12 minor variances required to demolish an existing house and build a new three-storey dwelling.

The Toronto Local Appeal Body reviewed the requested variances against the four tests under s. 45(1) of the Planning Act.

The tribunal found that the appellant's land use planner failed to demonstrate that the proposed building height, length, depth, and side yard setbacks were prevailing or substantially occurring in the immediate neighbourhood context.

Concluding that the proposal did not respect and reinforce the neighbourhood's physical character, the tribunal held that the variances did not maintain the general intent and purpose of the Official Plan or Zoning By-laws.

The appeal was dismissed and the variances were refused.

The appellant appealed a Committee of Adjustment decision refusing minor variances to construct a new detached dwelling.

The proposal required variances for a floor space index of 0.74 (where 0.35 is permitted) and a building height of 9.79m (where 9.5m is permitted).

The Toronto Local Appeal Body dismissed the appeal, finding that the proposed massing and density would create an undue visual impact and fail to respect and reinforce the existing physical character of the neighbourhood.

The tribunal preferred the evidence of the City's planner and local residents, concluding that the application failed all four tests under section 45(1) of the Planning Act.