Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
Date:
2025-11-06
25 128024 S45 15 TLAB
Mandrapilias (Re), 2025 ONTLAB 372
INTERIM DECISION AND ORDER
Issuance Date:
November 6, 2025
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):
S. MANDRAPILIAS
Applicant(s):
S. MANDRAPILIAS
Property Address:
521 DAVISVILLE AVE.
COA File No.:
23 205763 NNY 15 MV (A0560/23NY)
TLAB Case File No.:
25 128024 S45 15 TLAB
Hearing Date(s):
October 02, 2025 October 16, 2025
Deadline Date for Closing Submissions/Undertakings:
Decision Delivered By:
A. BROWN
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant
S. MANDRAPILIAS
A. SURIANO
Party
CITY OF TORONTO
S. MESSINA
Party
T. QUINN
W. ROBERTS
Party
A. KIVI
Party
A. MORGAN
Participant
C. HILL
Participant
N. YEANDLE
Participant
P. LI
Participant
M. DAVEY
Participant
E. WONG
Participant
A. GENOVESE
INTRODUCTION AND CONTEXT
1This is an appeal of decision issued on February 20, 2025, by the Committee of Adjustment refusing an application for variances in respect of a dwelling and laneway suite to be constructed at 521 Davisville Avenue (the “subject property”).
2The subject property is zoned Residential R (d0.6) (x930) by By-law 569-2013. The site is designated as Neighbourhoods in the Official Plan and is situated within the boundaries of the Yonge-Eglinton Secondary Plan Area. It is located on the south side of Davisville Avenue, west of Bayview Avenue, in the Mount Pleasant East neighbourhood.
3The site has a frontage of 7.75m., a depth of 45.11m., and a lot area of 349.62 sm². A detached house and small rear outbuilding are located on the site.
4The Appeal was opposed by several Parties and Participants, including the immediate neighbours (Mr. Quinn and Ms. Morgan), the local Residents’ Association and the City of Toronto.
5Subsequent to filing the Notice of Appeal, the Appellant made changes to the proposed variances and filed a revised site plan, revised drawings and revised Expert Witness Statements.
6The main building is now a proposed duplex.
7The Appellant and the other Parties engaged in discussions that ultimately resulted in a settlement agreement by all Parties. On October 16, 2025, Mr. Suriano, legal counsel for the Appellant, presented evidence about the settlement through the uncontested evidence of two expert witnesses.
8The Appellant filed a revised list of proposed variances and a list of proposed conditions.
9Pursuant to City Council direction to the TLAB, I had attended at the site and the surrounding area and had reviewed the pre-filed materials in preparation of the hearing of their evidence.
10Revised Variances
- Detached House Side Setback (Chapter 10.10.40.70.(3)(A)(i))
The required minimum side yard setback for a detached house is 0.45m.
The proposed west side yard setback is 0.31m.
- Platform Side Yard Setback (Chapter 10.5.40.50(2))
The minimum side yard setback for a rear deck is 0.45m.
The proposed west side yard setback for a rear deck is 0.31m
- Area of a deck above the first storey (Chapter 900.2.10(930)(D))
The permitted maximum area of each platform at or above the second storey of a detached house is 4.0m².
The proposed area of each platform at or above the second storey is 4.42m².
- Side Setback of a Deck (Chapter 900.2.10(930)(D))
The minimum side yard setback of a deck within 0.3m of the rear main wall of a residential building and at a height greater than 1.2m above established grade is 1.8m.
The proposed west side yard setback of the deck is 1.44m.
- Main Wall Height (Chapter 10.10.40.10.(2)(B)(i))
The permitted maximum height of all side exterior main walls facing a side lot line is 8.5m.
The proposed height of the side exterior main walls facing a side lot line is 9.48m.
- Rear Yard Landscaping (Chapter 150.8.50.10(1)(B))
A minimum of 85% of the area between all rear main walls of the residential building and the front main of the laneway suite must be for soft landscaping.
The proposed landscaping is 74.86%.
- Front Yard Setback (Chapter 10.10.40.70.(1))
The minimum front yard setback is 3.73m.
The proposed front yard setback is 3.06m.
11If the TLAB ultimately decides to grant the Appeal of the Committee of Adjustment’s decision and approves the revised variances, then the Tribunal must decide what conditions should be attached to the variances.
12The TLAB has carefully considered the list of proposed conditions. The list contains requirements that may be enshrined in a private agreement amongst the Parties but do not belong in an Order made by the TLAB. In the interest of maintaining the integrity of TLAB decisions and protecting the public interest, the TLAB will not obligate the City to enforce privately negotiated conditions as part of variance approvals.
13The Parties are advised that, if the variances are approved, the TLAB intends to impose the customary conditions utilizing the standard wording, and will not include the privately negotiated conditions.
14The imposed conditions would include substantial compliance with all of the revised plans and elevations, including the second unit in the main building (the basement unit), which must be maintained and shall not be smaller than proposed.
15The Parties are directed to confirm for the TLAB (through the Appellant’s legal counsel or individually) that they have a written private settlement agreement. Confirmation shall be forwarded to the TLAB within 10 business days of this Interim Decision and Order.
A. Brown
Panel Member