Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
September 24, 2025
CASE NO(S).:
OLT-25-000498
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Kelly Chan
Subject:
Minor Variance
Description:
To permit a rear addition and second storey to existing single detached dwelling
Reference Number:
MV-24-85
Property Address:
420 Balkan Road
Municipality/UT:
Richmond Hill/York Region
OLT Case No.:
OLT-25-000498
OLT Case Name:
Chan v. Richmond Hill (City)
Heard:
September 18, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel*/Representative
Kelly Chan
Self-represented
City of Richmond Hill
C. Thorne*
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON SEPTEMBER 18, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The matter before the Tribunal is an Appeal filed by Kelly Chan (“Appellant”) against the decision of the City of Richmond Hill (“City”) Committee of Adjustment (“COA”) to deny a Minor Variance (“MV”) Application pursuant to ss. 45(12) of the Planning Act (“Act”), for the property located at 420 Balkan Road (“subject property / site”).
2The Appellant is seeking permission to construct a rear addition and second storey to an existing single detached dwelling.
3The subject property is occupied by an existing one-storey single-detached dwelling, has a lot frontage of 16.76 metres (“m”), a lot area of approximately 499.67 square metres and is located west of Bayview Avenue and north of Major Mackenzie Drive East.
4There were no additional Status Requests for this Hearing.
PRELIMINARY MATTER
5In advance of the Hearing, the Tribunal was notified by the City that it will not be taking a position on this matter.
THE APPLICATION
6To facilitate the development, the Appellant is seeking relief from the following regulations of the City’s Zoning By-law No. 66-71 (“ZBL”), as amended, and is seeking authorization of the following MV:
By-law Requirement
Proposed
Deficiency
Interior Side Yard Setback (West) (m)
1.83
1.52
0.31
Lot Coverage (%)
30
31
1
Rear Deck Encroachment (m)
2.44
2.55
0.11
Maximum eave projection into the side yards (m)
0.61
0.81
0.2
7City Planning Staff reviewed the Application and recommended approval of the variances to the COA.
LEGISLATIVE FRAMEWORK
8An Appeal pursuant to s. 45 of the Act is a hearing de novo and the Applicant bears the onus to demonstrate to the Tribunal that the criteria established in ss. 45(1) have been satisfied:
The general intent and purpose of the Official Plan (“OP”) is being maintained;
The general intent and purpose of the ZBL is being maintained;
The variances are desirable for the appropriate development or use of the land, building or structure; and
The variances are minor in nature.
HEARING
9The Appellant was sworn in before the Tribunal and relied on the City Planning Staff Report (“report”) that was in support of his Application.
10The report stated that the subject property is designated as “Neighbourhood” by the OP and it permits low-density residential uses, including single detached dwellings. The development is required to respect the character and features of neighbourhoods, be context-sensitive and be compatible with the adjacent and surrounding areas. The OP permits a maximum building height of three stories.
11The site is zoned “Residential Second Density (R2) Zone” and permits a “Single Family Detached Dwelling” subject to specific lot and building standards.
12The Planning Staff concluded that the Application satisfies the four tests of ss. 45(1) of the Act and represents good land use planning, as outlined in detail on pages 62 – 63 of the report (Exhibit 1).
ANALYSIS AND FINDINGS
13The only planning evidence before the Tribunal is the report. The Tribunal finds that the variances satisfy the four tests of ss. 45(1) of the Act. The proposed development is representative of good planning.
ORDER
14THE TRIBUNAL ORDERS THAT the appeal is allowed and the variances to By-law no. 66-71, as amended, are authorized.
“P. Tomilin”
p. tomilin
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.