Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
21 232653 S45 08 TLAB
Johnson v. Hutton, 2023 ONTLAB 48
DECISION AND ORDER
Issuance Date: March 23, 2023
PROCEEDING COMMENCED UNDER Section 45(12), subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")
Appellant(s): JAMES JOHNSON
Applicant(s): BRAD ABBOTT
Property Address: 205 CORTLEIGH BLVD
COA File No.: 21 203839 NNY 08 MV (A0607/21NY)
TLAB Case File No.: 21 232653 S45 08 TLAB
Hearing Date(s): October 11, 2022
Decision Delivered By: TLAB Panel Member S. Makuch
REGISTERED PARTIES AND PARTICIPANTS:
| People Type | Name | Representative |
|---|---|---|
| Appellant | J. Johnson | |
| Applicant | B. Abbott | |
| Party (TLAB) | A. Hutton | M. Kemerer |
| Party (TLAB) | M. Gal Baba Pour | A. Margaritis |
| Participant | M. Lau | |
| Expert Witness | I. Graham |
INTRODUCTION AND CONTEXT
1This is an appeal of a decision of the Committee of Adjustment under s, 45 (1) of the Planning Act. The decision dismissed nine variances which would have permitted the construction of a new dwelling at 205 Cortleigh Blvd., the subject property.
2A number of neighbouring property owners appeared in opposition to the appeal. The hearing of the matter was adjourned in order for the parties to discuss a settlement of the appeal. A settlement was reached which results in only one variance being sought, an increase in the FSI to .6 from .35, on condition that the dwelling be constructed substantially in accordance with plans attached to the settlement. Evidence that the variance permitting an increase in the FSI to .6 should be granted on condition that the dwelling be constructed substantially in accordance with the plans attached to the settlement was given in an affidavit of Mr. T. J. Cieciura. The unchallenged evidence in that affidavit is that the variance meets the four tests of s. 45 of the Planning Act and provincial requirements the 2020 Provincial Policy Statement and The Growth Plan for the Greater Golden Horseshoe.
THE LEGISLATIVE AND POLICY FRAMEWORK
3In considering the applications for variances from the Zoning By-laws, the TLAB Panel must be satisfied that the applications meet all of the four tests under s. 45(1) of the Act. The tests are whether the variances:maintain the general intent and purpose of the Official Plan; maintain the general intent and purpose of the Zoning By-laws; are desirable for the appropriate development or use of the land; and are minor. A decision of the Toronto Local Appeal Body (‘TLAB’) must also be consistent with the 2020 Provincial Policy Statement (‘PPS’) and conform to the Growth Plan of the Greater Golden Horseshoe for the subject area (‘Growth Plan’).
SUMMARY OF EVIDENCE
4Evidence that the variance permitting an increase in the FSI to .6 should be granted on condition that the dwelling be constructed substantially in accordance with the plans attached to the settlement was given in an affidavit of Mr. T. J. Cieciura. The unchallenged evidence in that affidavit is that the variance meets the four tests of s. 45 of the Planning Act and provincial requirements the 2020 Provincial Policy Statement and The Growth Plan for the Greater Golden Horseshoe.
ISSUES, ANALYSIS AND CONCLUSION
5Having reviewed the affidavit evidence and the plans, I find the variance to permit a density of .6 raises no issues and should be allowed on condition that construction is substantially in accordance with the plans attached to the minutes of settlement filed with TLAB.
DECISION AND ORDER
6The appeal is hereby allowed in part and the following variance is granted: “Chapter 10.20.40.40.(1), By-law No. 569-2013. The permitted maximum floor space index is 0.35 times the area of the lot. The proposed floor space index is 0.6 times the area of the lot.” subject to the condition that, the dwelling is constructed substantially in accordance with the plans set out in Appendix 1. The appeal is denied for the remaining eight variances and they are not granted.
S. Makuch
Panel Member
APPENDIX 1