R. Brown

The owner appealed a Committee of Adjustment decision refusing variances to permit a second secondary suite in the basement of an existing townhouse.

The proposed variances sought relief from provisions limiting townhouses to one secondary suite, restricting the interior floor area of secondary suites to 45% of the dwelling unit, and requiring an additional parking space.

The Toronto Local Appeal Body allowed the appeal in part, finding that the variances met the four tests under s. 45(1) of the Planning Act.

The tribunal held that the addition of a second secondary suite within the existing building envelope maintained the general intent and purpose of the Official Plan and Zoning By-law, and was desirable and minor, as it would provide affordable rental housing without adverse planning impacts.

The presiding Member of the Toronto Local Appeal Body resigned due to health issues before issuing a final decision on an appeal concerning 57 Major Street.

Pursuant to Rule 2.17 of the TLAB's Rules of Practice and Procedure, the TLAB Chair ordered the appointment of a new Member to complete the proceeding and issue a final decision.

The Toronto Local Appeal Body issued an interim decision addressing procedural questions from the parties in opposition regarding written submissions.

The Tribunal clarified that the opposition parties could submit a combined written argument.

It also explained the traditional sequence of submissions, noting that while the applicant has a right of reply, the opposition typically does not.

However, the Tribunal permitted the opposition to submit a reply to the applicant's reply by a specified date, with the caveat that it may not be considered in making findings.

The Tribunal also admonished the opposition for failing to copy the applicant on communications with the Tribunal.

The applicant appealed a minor variance decision regarding a property on Major Street.

During the hearing, the applicant's counsel advised that the requested floor space index (FSI) variance needed to be increased based on a recent zoning notice, and discussed the impact of a new city by-law on the parking variance.

The Toronto Local Appeal Body issued an interim order directing the applicant to submit an updated list of variances and plans, set a schedule for written arguments, and cancelled the next scheduled hearing date.