Mr. McGaffey

The appellant appealed the Committee of Adjustment's refusal of an application for variances to alter an existing two-storey detached dwelling by adding a third storey, balconies, and a patio.

The proposal was revised to a duplex, eliminating the need for a floor space index variance.

The Toronto Local Appeal Body found that the revised proposal, which included variances for side yard setbacks, front yard platform encroachment, main wall height, and top-of-bank setbacks, met the four tests under section 45(1) of the Planning Act.

The tribunal noted that the proposal was consistent with the Official Plan's multiplex policies and the Heritage Conservation District Plan.

The appeal was allowed and the variances were authorized subject to conditions.