Marcin (Martin) Mazierski

The appellant appealed the City of Markham Committee of Adjustment's refusal of consent and minor variance applications to sever a residential property into two lots and construct two detached dwellings.

The subject lands are located within a heritage conservation district.

Based on the uncontroverted expert planning evidence, the Tribunal found that the proposed consent and variances had regard for provincial interests, were consistent with the Provincial Policy Statement, and met the legislative tests under the Planning Act.

The appeals were allowed, provisional consent was given, and the minor variances were authorized subject to conditions.

The appellant appealed the City of Markham Committee of Adjustment's refusal of a minor variance application to permit a reduced combined interior side yard setback and an increased roof projection for a new two-storey dwelling.

Prior to the hearing, the parties reached a settlement on revised plans and conditions.

Based on uncontested expert planning evidence, the Tribunal found that the revised variances met the four tests under section 45(1) of the Planning Act, being consistent with the Provincial Planning Statement and maintaining the intent of the Official Plan and Zoning By-law.

The appeal was allowed and the variances were authorized subject to conditions.

The applicant appealed the Committee of Adjustment's refusal of minor variances required to construct a new two-storey detached dwelling.

The parties reached a settlement and presented a revised application.

Based on uncontested expert planning evidence, the Tribunal found the revised variances met the four tests under s. 45(1) of the Planning Act and authorized them subject to conditions.