Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
2026-01-28
25 147223 S45 06 TLAB
Macedo (Re), 2026 ONTLAB 383
DECISION AND ORDER
Issuance Date:
January 28, 2026
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):
L. MACEDO
Applicant(s):
N. ESPINOLA
Property Address:
2 HAWKSDALE ROAD
COA File No.:
25 194006 NNY 06 MV (A0417/24NY)
TLAB Case File No.:
25 147223 S45 06 TLAB
Hearing Date(s):
September 02, 2025
September 25, 2025
Deadline Date for Closing Submissions/Undertakings:
Decision Delivered By:
B. GALLAUGHER
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant
L. MACEDO
I. DONNELL
Party
B. TANG
Party
N. ESPINOLA
Participant
A. MCKEE
INTRODUCTION AND CONTEXT
1This appeal is from a decision of the Committee of Adjustment, issued April 3, 2025, to partially approve, subject to conditions, an application for three variances that would permit the construction of a new two storey detached house on the property known municipally as 2 Hawksdale Rd.
2Two of the variances (see [5] below) requested relief from a side yard setback requirement. These variances were approved.
3The third variance concerned the location of the driveway. This variance was refused by the Committee of Adjustment.
4Subsequent to the decision of the Committee of Adjustment, the applicant amended the garage and driveway elements so that the integral garage would be accessed through a single garage door and the hard landscaping leading to this door was reduced. This change allows the preservation of a mature Blue Spruce tree on the property and addressed the City of Toronto’s Forestry Department about the destruction of that tree. No additional notice is required for this change to the plans.
5The revisions to the plan do not affect the variances required to permit construction of the proposed house. These are:
a) Chapter 10.5.80.40.(3) B), By-law No. 569-2013
Vehicle access to a parking space on a corner lot must be from a flanking street
that is not a major street.
The proposed vehicle access to a parking space is from Hawksdale Rd. instead of
Tilbury Dr.
b) Chapter 10.20.40.70.(6) A), By-law No. 569-2013
The required minimum side yard setback is 3.0m for a corner lot where the
required lot frontage is 12.0m or more.
The proposed North side yard setback is 1.91m.
c) Chapter 10.20.40.70.(6) B), By-law No. 569-2013
The required minimum side yard setback is 3.0m for a corner lot where there is an
adjacent lot fronting on the street abutting the side lot line.
The proposed North side yard setback is 1.91m.
(Note that Variances b) and c) above relate to the same side yard).
THE LEGISLATIVE AND POLICY FRAMEWORK
6Provincial Interest - S. 2
A decision of the Toronto Local Appeal Body (TLAB) shall have regard to, among other matters, matters of provincial interest, enumerated as (a) – (s) in the Planning Act.
7Provincial Policy – S. 3
A Decision of the Toronto Local Appeal Body (TLAB) must be consistent with the 2024 Provincial Planning Statement for the subject area.
8Variance – 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 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.
SUMMARY OF EVIDENCE
9A TLAB hearing was held on September 25, 2025, at which evidence was heard from the Appellant.
10A summary of the relevant evidence introduced at that hearing is contained in the Interim Decision and Order, dated October 24, 2025, referenced below.
ISSUES AND ANALYSIS
11An Interim Decision and Order, dated October 24, 2025, was issued. The Appeal was allowed subject to the submission of revised plans showing the changes that were made to the plans subsequent to the Committee of Adjustment hearing.
12The analysis leading to the Interim Decision which was issued on October 24, 2025, may be had by referring to that Interim Decision.
13The Appellant has submitted the revised Site Plan, elevations and first floor plans for the proposed new building. These plans were drawn by Escala Designs Inc. and are dated February 2023, revised December 8, 2025. The submitted plans are in concordance with the plans that were before the TLAB at the September 25, 2025 hearing. I have marked these revised plans as Exhibit 4.
CONCLUSION
14Condition 1 of the Interim Decision and Order dated October 24, 2025 has been fulfilled.
DECISION AND ORDER
15The Appeal is allowed. The variances listed in Appendix A are authorized, subject to the conditions contained therein.
16This decision is subject to the further condition that the building must be constructed as shown in architectural plans issued by Escala Designs Inc. dated February 2023, revised December 8, 2025. They are appended to this Decision in Appendix B below.
B. Gallaugher
Panel Member
APPENDIX A
APPROVED VARIANCES AND CONDITIONS OF VARIANCE APPROVAL
VARIANCES:
- Chapter 10.5.80.40.(3) B), By-law No. 569-2013
Vehicle access to a parking space on a corner lot must be from a flanking street
that is not a major street.
The proposed vehicle access to a parking space is from Hawksdale Rd. instead of
Tilbury Dr.
- Chapter 10.20.40.70.(6) A), By-law No. 569-2013
The required minimum side yard setback is 3.0m for a corner lot where the
required lot frontage is 12.0m or more.
The proposed North side yard setback is 1.91m.
- Chapter 10.20.40.70.(6) B), By-law No. 569-2013
he required minimum side yard setback is 3.0m for a corner lot where there is an
adjacent lot fronting on the street abutting the side lot line.
The proposed North side yard setback is 1.91m.
CONDITIONS:
The applicant must obtain all required permits from the Permits and Enforcement unit of Transportation Services prior to commencing construction, which may include but not be limited to, payment of a Municipal Road Damage Deposit. The owner must contact the Permits and Enforcement unit of Transportation Services in order to obtain the exact particulars of all required permits; and revise the plan to include the following notation “All portions of existing driveway and curb cut that are no longer required must be closed and restored with soft landscape and full concrete curbs in accordance with the applicable City standards to the satisfaction of the Transportation Services Division, and at no cost to the City of Toronto”.
The applicant must submit a complete application for a permit to injure or remove a privately owned tree(s), as per City of Toronto Municipal Code Chapter 813, Trees Article III Private Tree Protection.
Where there is no existing street tree, the owner shall provide payment in lieu of planting of one street tree on the City road allowance abutting the site. The current cash-in-lieu payment is $583/tree.
APPENDIX B
APPROVED PLANS