P. Liu

The applicant appealed a Committee of Adjustment decision denying 11 minor variances for a proposed three-storey dwelling and attached two-storey garage/cabana.

The Tribunal found that the proposed development, which included significant below-grade connections between the main dwelling and the cabana, represented an overdevelopment of the lot.

The Tribunal held that the requested variances for floor space index, building length, building depth, and building height did not respect and reinforce the physical character of the neighbourhood and failed to meet the four statutory tests under section 45(1) of the Planning Act.

The appeal was dismissed.