The appellant appealed the Committee of Adjustment's refusal of variances to expand the seating capacity and operating hours of a legal non-conforming restaurant use on a section of Scollard Street where restaurants are prohibited.
The Toronto Local Appeal Body dismissed the appeal, finding that the proposed intensification would bring increased adverse impacts to neighbours.
The tribunal held that the proposal failed to maintain the intent and purpose of the Official Plan and Zoning By-law, and did not satisfy the tests of being desirable and minor.