The appellant appealed a Committee of Adjustment decision denying four minor variances for a proposed five-storey addition to an approved 29-storey mixed-use development.
The variances sought increases in total and residential gross floor area, increased building height, and a reduction in the minimum amenity space per unit.
Opposing parties argued that the developer should have pursued a rezoning application rather than a minor variance, given the extensive community consultation that led to the site-specific zoning by-law.
The Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, noting that the proposal conformed to the Official Plan, maintained the intent of the zoning by-law, was desirable for the appropriate development of the land, and was minor in nature.
The Tribunal declined to exercise its residual power to deny the application and allowed the appeal, subject to a condition requiring a cash contribution for community benefits.
