Toronto Local Appeal Body

The applicant sought minor variances to demolish a bungalow and build a new two-storey dwelling, including significant variances for front yard setback and floor space index (FSI).

The Committee of Adjustment approved the variances, and the local residents' association appealed.

The Toronto Local Appeal Body allowed the appeal, finding that the proposed front yard setback and FSI of 0.522 did not respect or reinforce the prevailing physical character of the immediate neighbourhood block.

The panel preferred the appellant's planning evidence and concluded the variances failed the statutory tests under the Planning Act.

The appellant appealed the Committee of Adjustment's refusal of applications for consent to sever a residential property into two lots and for associated minor variances to permit the construction of two new detached dwellings.

The City opposed the applications, arguing the proposed lot frontages and areas were too small and out of character with the neighbourhood.

The Tribunal allowed the appeals, finding that the neighbourhood was evolving toward smaller lots and that the proposal was consistent with provincial intensification policies and fit the emerging physical character of the area.

Provisional consent and the requested variances were granted subject to conditions.

During a hearing for a minor variance to permit a doggie daycare, the City brought an oral motion to exclude a newly introduced letter from the appellant's sound engineer detailing a proposed sound barrier.

The panel dismissed the motion to exclude the letter, noting it was requested by the panel and relevant.

However, the panel granted the City's alternative motion for an adjournment to allow the City to retain its own sound engineer to review the letter and prepare for cross-examination.