Peter Wynnyczuk

The appellant appealed a Committee of Adjustment decision refusing variances required to alter a detached dwelling into a semi-detached dwelling with six units (two principal units and four secondary suites).

The Tribunal found that the property, while fronting on Kendal Avenue, had a significant presentation to Dupont Street, a Major Street, justifying a more intense form of development under the Official Plan.

The Tribunal accepted the expert planning evidence that the variances for building depth, floor space index, and other standards met the four tests under the Planning Act.

The appeal was allowed and the variances were approved subject to conditions, including privacy screening and tree planting.