Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
2023-04-13
22 234275 S45 04 TLAB
West v. Toronto (City), 2023 ONTLAB 69
DECISION AND ORDER
Issuance Date:
April 13, 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):
TRISTEN RYAN WEST
Applicant(s):
TRISTEN RYAN WEST
Property Address:
120 Glenlake Ave
COA File No.:
22 194105 STE 04 MV (A0955/22TEY)
TLAB Case File No.:
22 234275 S45 04 TLAB
Hearing Date(s):
Tuesday, April 11, 2023
Decision Delivered By:
TLAB Panel Member Blair Martin
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant/ Applicant / Primary Owner
T. R. WEST
Owner
L. R. ESTRO
Party (TLAB)
CITY OF TORONTO
D. ABIMBOLA
M. LAFORTUNE
Participant
J. LAMBERT
Expert Witness
B. NIGRO
Expert Witness
B. WEBB
INTRODUCTION AND CONTEXT
1This was a hearing of an appeal by Tristan Ryan West (“Appellant”) from a decision of the Committee of Adjustment for the City of Toronto to approve an application by
Tristan Ryan West (“Applicant”) for two minor variances from Zoning By-law No. 569-2013 for the property at 120 Glenlake Avenue.
2The variances sought were:
- Chapter 10.5.50.10(1)(A), By-law 569-2013
A minimum of 100% (12.3 m2) of the front yard is required to be landscaping. In this case, 41% (4.99 m2) of the front yard will be maintained as landscaping.
- Chapter 10.5.50.10(1)(D), By-law 569-2013
A minimum of 75% (9.23 m2) of the required front yard landscaped open space must be in the form of soft Landscaping. In this case, 0% (0 m2) of the required front yard landscaped open space will be in the form of soft landscaping.
3Variance – S. 45(1)
In considering the applications for variances from the Zoning By-laws, the TLAB Panel must be satisfied that the applications meet all 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-law;
are desirable for the appropriate development or use of the land; and
are minor.
4The Appellant did not attend the hearing.
5No expert opinion land use planning evidence was presented to TLAB in support of the appeal.
6The City of Toronto was a Party to the hearing, represented by Michelle LaFortune and Derin Abimbola.
7The City of Toronto did file a Party Disclosure by way of a Document Book and submitted Expert Witness Statements from Bruno Nigro and Blake Webb.
8The City of Toronto advised TLAB that the Appellant had not followed the TLAB’s Rules of Procedure with respect to the disclosure, submission of expert witness statements or response to witness statements.
9Pursuant to TLAB Rule of Procedure 2.13 (Failure to Comply with the Rules of Procedural Order), the City of Toronto requested TLAB dismiss the appeal without a hearing.
CONCLUSION
10The Appellant was not able to provide TLAB with expert opinion evidence in land use planning.
11Therefore, the Appellant did not satisfy TLAB that the requested minor variances meet all four tests under s. 45(1) of the Act.
DECISION AND ORDER
12TLAB orders that the appeal be dismissed, and the minor variances refused.
B. Martin
Panel Member