N. Gursoy

The City of Toronto appealed a Committee of Adjustment decision granting variances for lot coverage and rear yard soft landscaping to permit the construction of a car port.

The applicant provided no expert planning evidence, relying instead on a representative who argued the existing hardscaping was functional and aesthetically pleasing.

The City's expert planner testified that the proposed soft landscaping variance failed to respect the prevailing neighbourhood character and did not maintain the intent of the Official Plan or Zoning By-law.

The tribunal preferred the City's expert evidence, finding that the applicant failed to satisfy the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were not authorized.