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Merlak (Re), 2024 ONTLAB 216 — OTLAB | minicounsel | minicounsel

April 18, 2024

Merlak (Re), 2024 ONTLAB 216

Case Summary

The appellant appealed the Committee of Adjustment's refusal of minor variances to permit a second-storey addition to an existing dwelling and the conversion of a detached rear garage into a garden suite. The applicant revised the proposal before the tribunal, reducing the height and eliminating some variances. The tribunal found that the revised proposal, including the garden suite, maintained the general intent and purpose of the Official Plan and Zoning By-law, was desirable for the appropriate development of the land, and was minor in nature. The tribunal preferred the evidence of the appellant's land use planner, finding that the garden suite represented a compatible infill development that would not create unacceptable adverse impacts on privacy or overlook. The appeal was allowed and the variances were authorized subject to conditions.

40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9

Date: 2024-04-18

TLAB Case File No.: 23 204694 S45 03 TLAB

Citation: Merlak (Re), 2024 ONTLAB 216

FINAL DECISION AND ORDER

Issuance Date: April 18, 2024

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): M. MERLAK

Applicant(s): LATTAG STUDIO INC.

Property Address: 84 FOCH AVE

COA File No.: 23 179406 WET 03 MV (A0300/23EYK)

TLAB Case File No.: 23 204694 S45 03 TLAB

Hearing Date(s): January 29, 2024, March 18, 2024, March 20, 2024

Deadline Date for Closing Submissions/Undertakings: March 27, 2024

Decision Delivered By: TLAB Chair D. Lombardi

REGISTERED PARTIES AND PARTICIPANTS:

People Type	First Initial. Last Name	Representative
Applicant	Lattag Studio Inc.
Appellant	M. Merlak	M. Cara
Party (TLAB)