V. Mitchnevitch

The applicants sought minor variances to construct a new, larger dwelling, which were granted by the Committee of Adjustment.

The neighbouring property owner appealed the decision to the Toronto Local Appeal Body.

Prior to the hearing's conclusion, the parties reached a settlement that involved shifting the proposed building's placement to increase the side yard setback.

The Tribunal found the amended variances met the tests under section 45(1) of the Planning Act and authorized them subject to conditions.