Zara Georgis

The City of Toronto appealed a Committee of Adjustment decision approving minor variances for a rear deck addition at a residential property.

The variances related to soft landscaping, deck encroachment into the rear yard setback, and deck height.

A neighbouring property owner also opposed the variances due to privacy and sightline concerns.

During the hearing, the applicant proposed modifications to the deck design, including privacy screens and a reduction in the deck's length.

The Toronto Local Appeal Body allowed the appeal in part, approving the variances subject to conditions requiring the deck to be built in accordance with the modified plans, finding that the reduced encroachment and added landscaping met the four tests under s. 45(1) of the Planning Act.

The appellant appealed the Town of Halton Hills Committee of Adjustment's refusal of a minor variance application to reduce the minimum resident parking requirement from 1.5 to 1.4 spaces per apartment dwelling unit for a proposed residential development.

The Tribunal heard uncontroverted expert evidence from land use and transportation planners, who testified that the reduction was supported by parking studies, sales data, and proximity to transit.

The Tribunal found that the requested variance met the four tests under section 45(1) of the Planning Act, representing good transportation planning with no adverse impacts.

The appeal was allowed and the variance authorized.