M. Rendl

The appellant appealed the Committee of Adjustment's refusal of variances to expand the seating capacity and operating hours of a legal non-conforming restaurant use on a section of Scollard Street where restaurants are prohibited.

The Toronto Local Appeal Body dismissed the appeal, finding that the proposed intensification would bring increased adverse impacts to neighbours.

The tribunal held that the proposal failed to maintain the intent and purpose of the Official Plan and Zoning By-law, and did not satisfy the tests of being desirable and minor.

The appellant appealed a decision of the Committee of Adjustment denying minor variances for a proposed three-storey multi-generational home.

The central issue was a variance to permit a third storey.

The Tribunal preferred the evidence of the appellant's planner, finding that the proposed dwelling, which features dormers in a sloped roof, presents as a two-storey dwelling and fits the prevailing character of the neighbourhood.

The Tribunal concluded that all requested variances met the four tests under section 45(1) of the Planning Act and allowed the appeal in part to accommodate minor revisions to the proposal.