Mr. Benczkowski

Neighbours appealed the Committee of Adjustment's decision granting minor variances for a new dwelling, primarily due to concerns over the removal of a jointly-owned boundary tree.

Prior to the hearing, the parties reached a settlement that revised the plans to preserve the tree by shifting the dwelling and reducing its depth.

The Toronto Local Appeal Body accepted uncontradicted expert planning evidence that the revised variances met the statutory tests under section 45(1) of the Planning Act and that the amendments were minor under section 45(18.1).

The appeal was allowed in part to approve the revised variances subject to conditions.

The appellant appealed a Committee of Adjustment decision granting minor variances for a new dwelling.

Following mediation, the parties reached a last-minute settlement.

The applicant requested an adjournment to finalize minor revisions to the site plan drawings and obtain a new zoning notice.

The Tribunal granted the adjournment on consent to preserve procedural fairness and directed that an expedited settlement hearing be scheduled.