Ryan Doherty

The City of Toronto appealed a Committee of Adjustment decision approving seven variances to permit the construction of a new two-storey detached house at 23 Beechwood Avenue.

The variances related to building length, depth, height, and setbacks.

The Toronto Local Appeal Body dismissed the appeal and confirmed the approval of the variances, finding that they met the four tests under section 45(1) of the Planning Act.

The tribunal preferred the evidence of the applicant's land use planner, concluding that the proposed house would respect and reinforce the physical character of the neighbourhood, which includes large, irregularly shaped ravine lots, and that the variances were minor in nature with little to no negative impact on neighbours.

The applicant appealed the Committee of Adjustment's denial of a minor variance to reduce the required percentage of three-bedroom units from 10% to 5% in an eight-storey mixed-use building nearing completion.

The variance was requested because purchasers of five units requested change orders to convert their three-bedroom units to two-bedroom units.

The Tribunal accepted the uncontradicted expert planning evidence that the variance meets the four tests under section 45(1) of the Planning Act, noting it maintains the overall requirement for 25% larger family-sized units.

The appeal was allowed and the variance approved.