Pavel Kopec

The appellant appealed a Committee of Adjustment decision refusing minor variances to construct a new detached dwelling.

The proposal required variances for a floor space index of 0.74 (where 0.35 is permitted) and a building height of 9.79m (where 9.5m is permitted).

The Toronto Local Appeal Body dismissed the appeal, finding that the proposed massing and density would create an undue visual impact and fail to respect and reinforce the existing physical character of the neighbourhood.

The tribunal preferred the evidence of the City's planner and local residents, concluding that the application failed all four tests under section 45(1) of the Planning Act.