Sean McGaffey

The City of Toronto appealed a Committee of Adjustment decision that approved nine variances for a mixed-use development at 2 Tecumseth Street.

The appeal was filed to add a technical condition ensuring that visitor parking continues to be provided at the rate contemplated by the site plan, despite site-specific zoning that required no visitor parking.

The Tribunal accepted expert planning evidence that the variances met the four tests under section 45(1) of the Planning Act.

The appeal was allowed to endorse the Committee's approval subject to three conditions, including the new visitor parking requirement.

The appellant appealed a Committee of Adjustment decision refusing an application for minor variances to construct a rear three-storey addition and a new integral garage on a heritage property.

Prior to the hearing, the appellant reached a settlement with the opposing parties, resulting in revised plans that reduced the building height and addressed privacy concerns.

Based on uncontradicted expert planning evidence, the Toronto Local Appeal Body found that the revised plans met the four tests under section 45(1) of the Planning Act and allowed the appeal in part, approving the variances subject to conditions.