Mr. Chan

The appellant appealed the Committee of Adjustment's refusal of four variances required to legalize an as-built two-tier deck and pergola.

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

The tribunal authorized the variance for the deck's projection from the rear wall, finding it maintained the intent of the Official Plan and Zoning By-law.

However, the tribunal refused the variances for side yard setback, soft landscaping, and lot coverage, concluding that the appellant failed to demonstrate that the prevailing patterns of the neighbourhood were respected or that the intent of the Zoning By-law was maintained.