T. Cieciura

The appellants requested a review of a TLAB decision that denied their appeal for minor variances to permit rooftop 'doghouse' additions.

The appellants argued the presiding Member violated rules of natural justice and procedural fairness by allowing participants to ask questions and make closing submissions, and made errors of law and fact in interpreting the site-specific zoning by-law.

The reviewing Vice-Chair dismissed the request, finding that the Member's procedural rulings were within his discretion and that his interpretation of the by-law's intent to maintain the roof's open space character was a reasonable exercise of his adjudicative function.