Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2023-05-18
22 119112 S45 03 TLAB
Darji v. Rafal, 2023 ONTLAB 91
DECISION AND ORDER
Issuance Date:
May 18, 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):
VISHAL DARJI
Applicant(s):
GORAL DESIGN
Property Address:
170 LAKE SHORE DR
COA File No.:
21 148517 WET 03 MV (A0242/21EYK)
TLAB Case File No.:
22 119112 S45 03 TLAB
Hearing Date(s):
Aug 16, Sept 9, 2022, April 13, 2023
Decision Delivered By:
TLAB Panel Member T. Yao
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant (neighbour)
V. Darji
Applicants
R Bartkow, R. Kus
Amber Stewart
Kus/Bartkow’s expert witness (planning)
F. Romano
Kus/Bartkow’s expert witness (arboriculture)
V. Mitchnevitch
Participant
M. Harrison*
Participant
I. McEwen*
Participant
Ralph Ventriglia*
Other participants who did not speak at hearing
V. Ourgant, F. and C. Pierce, A. Boyer
INTRODUCTION
1Mr. Kus and Mr. Bartkow wish to tear down their house at 170 Lake Shore Dr and build a new larger one. In order to achieve their desired design, they seek the variances in Table 1.
Table1. Variances sought for 170 Lake Shore Dr
Required
Proposed
Variances from Zoning By-law 569-2013
1
Floor Space Index
0.6 times the area of the lot
0.82 times the area of the lot (reduced from 0.98)
2
Building Height
9.5 m
9.79 m
3
Height, front and rear exterior main walls
7 m
7.99 m
On Feb 10, 2022, the Committee of Adjustment granted the variances. Mr. Darji, the next door neighbour, appealed and so the appeal came to the TLAB. At the TLAB the parties signed minutes of Settlement on March 12, 2023.
legislative and policy context
2The Provincial Policy Statement and the Greater Golden Horseshoe Growth Plan must be considered, but they contain a high level of generality. For example, the Provincial Policy Statement discourages lot creation on prime agricultural land and prefers municipal water and sewage over private systems and so on. I do not find these policies offer much guidance for this case, which is a single lot seeking larger interior space in an area with municipal services and within defined urban boundaries.
3The variances must comply with s. 45(1) of the Planning Act and must cumulatively and individually:
maintain the general intent and purpose of the Official Plan;
maintain the general intent and purpose of the Zoning By-laws;
be desirable for the appropriate development or use of the land; and
be minor.
With respect to the Official Plan, s. 3.2.1 Housing and s.