Stephanie Kwast

The applicant appealed the City of Toronto Committee of Adjustment's refusal of a minor variance application to permit a 34-storey mixed-use building, an increase from a previously approved 28-storey building.

The applicant also appealed the related site plan application.

The Tribunal adjourned the site plan appeal to allow the parties to finalize conditions.

Based on uncontroverted expert planning evidence, the Tribunal found the requested variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

The minor variance appeal was allowed in part, and the variances were authorized subject to conditions requiring a pedestrian access easement.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 22-storey mixed-use building with 320 residential units.

Prior to the hearing, the parties reached a settlement.

The Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the City's Official Plan, noting it provides residential intensification within a Protected Major Transit Station Area.

The appeal was allowed in part on an interim basis, with the final order withheld pending the fulfillment of conditions including the final form of the zoning by-law amendment.

The applicants appealed the City of Hamilton's refusal to adopt an Official Plan Amendment and Zoning By-law Amendment to permit a 546-unit residential development on an underutilized commercial plaza site.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert land use planning evidence, the Tribunal found the settlement proposal was consistent with the Provincial Policy Statement, conformed to the Urban Hamilton Official Plan, and represented good land use planning.

The Tribunal approved the settlement and allowed the appeals in part.