Peter Kulkarni

The appellant appealed a Committee of Adjustment decision refusing a variance to permit a used vehicle dealership in an Employment Heavy Industrial Zone.

The appellant sought to operate the dealership as an ancillary use to an existing vehicle repair shop.

The Toronto Local Appeal Body allowed the appeal in part, finding that the variance met the four tests under the Planning Act, provided conditions were imposed to limit the scale of the dealership.

The tribunal authorized the variance subject to conditions restricting the number of outdoor display vehicles to six and requiring showings by appointment only.

The applicants appealed the refusal of a minor variance by the Township of King Committee of Adjustment.

The variance sought to permit a reduced side yard setback of 1.06 metres for an as-built pool cabana, where 3.6 metres is required.

Based on uncontested expert planning evidence, the Tribunal found that the variance met the four tests under the Planning Act, as it was desirable, minor in nature, and maintained the intent of the Official Plan and Zoning By-law.

The appeal was allowed and the variance authorized subject to a condition.