Nick A. Miele

The appellant appealed a Committee of Adjustment decision refusing variances for a duplex and laneway suite.

Prior to the hearing, the parties reached a settlement and the appellant submitted revised variances that reduced the overall number of requests and eliminated an extended basement.

The Tribunal accepted the uncontested expert planning and arboriculture evidence that the revised proposal is consistent with provincial policies, maintains the general intent of the Official Plan and Zoning By-law, is desirable for the appropriate development of the land, and is minor.

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