Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 31, 2025
CASE NO(S).: OLT-25-000629
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Dattaram Patel Subject: Consent - refused by Approval Authority Description: Applications to facilitate the creation of one residential lot. Reference Number: B/06/24 Property Address: 8 Falcon Court (Part of Lot 18, CON 1, Lot 22 Plan M-1145) Municipality/UT: Whitby/Durham OLT Case No: OLT-25-000629 OLT Lead Case No: OLT-25-000629 OLT Case Name: Patel v. Whitby (Town)
PROCEEDING COMMENCED UNDER section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Minor Variance Description: Applications to facilitate the creation of one residential lot Reference Number: A/44/24 Property Address: 8 Falcon Court (Part of Lot 18, CON 1, Lot 22 Plan M-1145) Municipality/UT: Whitby/Durham OLT Case No: OLT-25-000630 OLT Lead Case No: OLT-25-000629
PROCEEDING COMMENCED UNDER section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Minor Variance Description: Applications to facilitate the creation of one residential lot Reference Number: A/45/25 Property Address: 8 Falcon Court (Part of Lot 18, CON 1, Lot 22 Plan M-1145) Municipality/UT: Whitby/Durham OLT Case No: OLT-25-000631 OLT Lead Case No: OLT-25-000629
Heard: October 22, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dattaram Patel (“Appellant/Applicant”) | Steve Watt |
| Town of Whitby (“Town”) | Did not appear |
DECISION DELIVERED BY A. SAUVE AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter before the Tribunal involves a Consent Application and two Minor Variance Applications whereby the Appellant is seeking to divide his lot into two: one lot will retain a single detached dwelling, and a single detached dwelling is to be constructed on the newly created lot.
2It should be noted that the Town informed the Tribunal they would not be attending the Hearing so only the Appellant was in attendance.
38 Falcon Court (“subject property”) is located at the end of a cul-de-sac in the Town of Whitby. The subject property has approximately 55 metres (“m”) of frontage along Falcon Court and a total lot area of 1,137 square metres (“m²”). The lands are currently developed with a dwelling. Access to the subject property is via Falcon Court. The subject property was granted a Minor Variance on May 22, 1980, to reduce the minimum rear yard for a single-family detached dwelling from 10.5 m to 3.35 m.
4The subject property is designated “Community Areas” in the Region of Durham Official Plan (“Region OP”) and abuts Dundas Street East which is designated as a “Regional Corridor”. The lands are designated “Residential” in the Town of Whitby Official Plan (“Town OP”). The subject property is zoned “Residential (R2A)” in the Town of Whitby Zoning By-law No. 1784 (“ZBL”).
5The surrounding properties are developed with low density residential uses, including a mix of single detached and semi-detached dwellings. The majority of the lots on Falcon Court, as well as the connecting street known as Mansfield Crescent, are zoned “Residential (R2A)” and are developed with single detached dwellings. Four lots opposite the subject lands on Falcon Court are zoned “Residential (R3B)” and are permitted to be developed with semi-detached dwellings.
6The three Applications are:
- B/06/24 – Consent
- A/44/25 – Minor Variance Application for retained land
- A/45/25 – Minor Variance Application for severed land
7The Minor Variances being sought are:
- To permit a maximum lot coverage of 39% for the Retained Lands where the ZBL permits a maximum lot coverage of 25% (Application A/44/25)
- To permit a minimum lot area of 433 m² (491 m² including lands to be dedicated for road widening) for the severed lands where the ZBL permits a minimum lot area of 465 m² (Application A/45/25)
- To permit a maximum lot coverage of 33