S. Mcgaffey

The appellant appealed a Committee of Adjustment decision refusing three landscaping variances required to permit a new circular driveway and maintain a front yard parking pad.

The opponents sought further limitations on the size of the widened portion of the driveway.

The Toronto Local Appeal Body accepted expert planning evidence that the revised proposal met the four tests under s. 45(1) of the Planning Act, finding that it respected the character of the area and had no adverse impact on neighbouring properties.

The appeal was allowed and the variances were approved subject to conditions.

The applicants filed a Review Request of a Toronto Local Appeal Body (TLAB) decision that refused their application for nine minor variances to build a two-storey dwelling.

The applicants alleged the adjudicator made errors of fact regarding the variance dimensions, erred in law by treating the failure of one variance as the failure of all, misapplied Official Plan policies regarding neighbourhood character, failed to make mandatory findings on Provincial Policy, and provided insufficient reasons.

The TLAB dismissed the Review Request, finding that the adjudicator's path to refusal was clear, the alleged factual errors were not determinative, and the adjudicator reasonably concluded that the failure of the critical front yard setback and FSI variances resulted in the failure of the entire application.

The applicant sought minor variances to demolish a bungalow and build a new two-storey dwelling, including significant variances for front yard setback and floor space index (FSI).

The Committee of Adjustment approved the variances, and the local residents' association appealed.

The Toronto Local Appeal Body allowed the appeal, finding that the proposed front yard setback and FSI of 0.522 did not respect or reinforce the prevailing physical character of the immediate neighbourhood block.

The panel preferred the appellant's planning evidence and concluded the variances failed the statutory tests under the Planning Act.