Mr. Romano

The appellant appealed the Committee of Adjustment's refusal of an application for consent to sever a property and associated minor variances to construct two duplexes.

Prior to the hearing, the parties reached a settlement.

The Toronto Local Appeal Body found that the consent to sever met the criteria under s. 51(24) of the Planning Act and that the requested variances met the four tests under s. 45(1).

The appeal was allowed, the consent to sever was approved, and the variances were authorized subject to conditions.

The applicant requested a review of a TLAB decision that refused applications for consent to sever and associated minor variances.

The original hearing was reassigned to a new Member after the presiding Member became incapacitated.

The applicant argued that the reassignment process denied them procedural fairness and that the new Member made errors of law and fact in assessing neighbourhood character and prevailing lot size.

The TLAB Vice Chair dismissed the review request, finding no breach of procedural fairness and concluding that the applicant was attempting to re-litigate contested issues without establishing any definable errors of law or fact.

The applicant appealed the Committee of Adjustment's refusal of a consent to sever a 50-foot lot into two 25-foot lots and associated minor variances for side yard setbacks, lot area, lot frontage, lot coverage, and building height.

The Toronto Local Appeal Body allowed the appeal, finding that the proposed severance and variances met the tests under the Planning Act, respected and reinforced the existing physical character of the neighbourhood, and were consistent with the Provincial Policy Statement and Growth Plan.

The owners appealed a Committee of Adjustment decision refusing minor variances to permit a mixed-use commercial and residential building addition.

The proposal involved adding a third floor and expanding the second floor to create new rental apartments above a ground-floor business.

Neighbours objected primarily to the increased density and rear privacy impacts.

The Toronto Local Appeal Body allowed the appeal and authorized the variances, finding that the proposal met the four tests under the Planning Act.

The tribunal noted the Official Plan's broad support for new rental housing and found that the proposed density and built form would fit within the existing varied character of the neighbourhood.