Sedlasek (Re), 2026 ONTLAB 412

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

Date: 2026-04-30

23 238684 S45 03 TLAB

Sedlasek (Re), 2026 ONTLAB 412

DECISION AND ORDER

Issuance Date: April 30, 2026

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R. S. O. 1990, c. P. 13, as amended

Appellant(s): V. SEDLASEK

Applicant(s): V. SEDLASEK

Property Address: 29 Lake Promenade

COA File No.: 23 193714 WET 03 MV (A0347/23EYK)

TLAB Case File No.: 23 238684 S45 03 TLAB

Hearing Date(s): February 10, 2025, February 25, 2025, March 24, 2025, April 14, 2025

Deadline Date for Closing Submissions/Undertakings:

Decision Delivered By: TLAB Panel Member B. Gallaugher

REGISTERED PARTIES AND PARTICIPANTS:

People Type	First Initial. Last Name	Representative
Applicant	V. SEDLASEK	I. FLETT
Appellant	V. SEDLASEK	I. FLETT
Party	LONG BRANCH NEIGHBOURHOOD ASSOCIATION (LBNA)	J. GIBSON
Party	CITY OF TORONTO	U. GAUTAM
Participant	S. PEARSON
Participant	A. CHOLES
Participant	C. MERCADO
Participant	B. NEMOY
Participant	A. HUTKA
Participant	H. TWOMEY

INTRODUCTION AND CONTEXT

1This appeal is from a decision of the Committee of Adjustment, issued December 7, 2023, to refuse an application for fourteen variances (see paragraph [3] below) that would bring the dwelling at 29 Lake Promenade into compliance with the Zoning By-law.

2This application has a long history, which is summarized in the Interim Decision issued March 18, 2026.

VARIANCES UNDER APPEAL

3The variances requested are as follows:

Section 10.20.40.10.(1)(A), By-law No. 569-2013

The permitted maximum height of a building or structure is 9.5 metres.

The proposed height of the building is 9.62 metres.

Section 10.5.40.60.(3), By-law No. 569-2013

(A)(i) Exterior stairs providing pedestrian access to a building or structure may encroach into a required building setback if the stairs are no longer than 1.5 horizontal units for each 1.0 vertical unit above grade at the point where the stairs meet the building or structure.

The proposed front porch stairs are 3 horizontal units for each 1.0 vertical unit above grade at the point where the stairs meet the building or structure.

(A)(ii) Exterior stairs providing pedestrian access to a building or structure may encroach into a required building setback if the stairs are no wider than 2.0 metres.

The proposed stairs are 2.9 metres wide.

Section 10.5.50.10.(3)(A), By-law No. 569-2013

A lot with a residential building, other than an apartment building, must have a

minimum of 50 percent of the rear yard for soft landscaping (183.3 square metres), if the lot frontage is greater than 6.0 metres.

The proposed rear yard landscaping area is 34 percent (123.8 square metres).

Section 10.20.40.10.(5), By-law No. 569-2013

The permitted maximum height of a parapet is 0.3 metres above the permitted main wall height.

The proposed height of the parapet is 2.62 metres above the permitted main wall height.

Section 10.20.40.20.(1), By-law No. 569-2013

In the RD zone with a minimum required lot frontage of 18.0 metres or less, the permitted maximum building length for a detached house is 17.0 metres.

The proposed building length is 23.1 metres.

Section 10.20.40.30.(1), By-law No. 569-2013

The permitted maximum building depth for a detached house is 19.0 metres.

The proposed building depth is 23.2 metres.

Section 10.20.40.40.(1)(A), By-law No. 569-2013

The permitted maximum floor space index is 0.35 times the area of the lot (219.8 square metres).

The proposed floor space index is 1.22 times the area of the lot (764.4 square

metres).

Section 10.20.40.50.(1)(B), By-law No. 569-2013

The permitted maximum area of each platform at or above the second storey of a detached house is 4.0 square metres.

The proposed area of the rear platform at the second storey is 10.2 square metres.

Section 10.20.40.70, By-law No. 569-2013

The required minimum front yard setback is 25.1 metres.

The proposed front yard setback is 23.46 metres.

Section 10.20.40.10.(4)(A), By-law No. 569-2013

The permitted maximum height of all main walls is 7.0 metres above established grade.

The proposed height of all main walls is 8.6 metres above established grade.

Section 10.5.80.40.(1), By-law No. 569-2013

For a lot with a detached house or a semi-detached house and a minimum required lot frontage is less than 24.0 metres, the maximum combined width of all vehicle entrances through the front main wall of the residential building is 6.0 metres.

The proposed combined width of all vehicle entrances through the front main wall is 7.4 metres.

Section 10.20.40.70.(3)(C), By-law No. 569-2013

The required minimum side yard setback is 1.2 metres where the required minimum lot frontage is 12.0 metres to less than 15.0 metres.

The proposed side yard setback is 0.8 metres to the east side lot line and 0.9 metres to the west side lot line.

Section 5.10.40.1.(3), By-law No. 569-2013

On lands under the jurisdiction of the Toronto and Region Conservation Authority, if a shoreline hazard limit or a stable top-of-bank crosses a lot, no building or structure may be located on the portion of the lot below that shoreline hazard limit or a stable top-of-bank.

The proposed building is partially located on the portion of the lot below the

shoreline hazard limit.

Section 5.10.40.70.(6), By-law No. 569-2013

If the Toronto and Region Conservation Authority determines that a shoreline hazard limit or a stable top-of-bank crosses a lot, a building or structure on that lot must be set back a minimum of 10 metres from that shoreline hazard limit or stable top-of-bank.

The proposed building is set back 0.0 metres from the shoreline hazard limit.

THE LEGISLATIVE AND POLICY FRAMEWORK

4Provincial 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.

5Provincial 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.

6Variance – 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

7TLAB hearings were held on February 10, 2025; February 25, 2025; March 24, 2025; and April 14, 2025, at which evidence was heard from the Appellant, the City of Toronto and the Long Branch Neighbourhood Association.

8A summary of the relevant evidence introduced at those hearings is contained in the Interim Decision and Order, dated March 18, 2026.

ISSUES AND ANALYSIS

9The analysis leading to the Interim Decision, which was issued on March 18, 2026, may be had by referring to that Interim Decision.

CONCLUSION

10The Appeal was allowed subject to a condition that privacy screening measuring at least 1.5 m in height from the floor of the rear platform be installed on the east and west sides of the rear platform within two months of the Interim Decision and Order.

11On April 2, 2026, the Appellant submitted the Affidavit (TLAB Form 10) of Si Xing. I have marked this Affidavit as Exhibit 4. In the Affidavit Mr. Xing affirms that the condition requiring the privacy screens has been fulfilled.

12The Affadavit is accompanied by two photos showing the required privacy screens having been installed, as required in the condition of approval.

13Condition 1 of the Interim Decision and Order dated March 18, 2026 has been fulfilled.