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Chiu v. City of Toronto (Committee of Adjustment)

Location:

City of Toronto


Subject:

Minor Variances, Residential Development


Court:

Ontario Municipal Board


Application/issue:

The Applicants wish to construct a new two-storey dwelling on the subject property. They applied for and received authorization from the Committee of Adjustment. The Committee’s decision was appealed by Carolyn Koziskie and Lucinda Chiu, who are abutting owners to the north and east respectively. The Applicants and the Appellant, Carolyn Koziskie settled their differences and the application was being amended to reflect the agreement reached between them.


Held:

Appeal allowed in part.


Reasons:

The Board is satisfied that the variances, individually and cumulatively, meet the four tests. The intent of the Official Plan is met, and the proposed variances will result in a dwelling that respects and reinforces the physical character of the neighbourhood. The intent of the zoning by-law is maintained, and the authorization of these variances will have less of an impact than potential “as of right” development concepts. The variances are minor both by order of magnitude and will not cause any adverse impact on anyone. The Appellants are concerned about impact on their existing view, and it is well settled law that there is no right to the protection of a view in Ontario. Authorization of these variances will allow the construction of a dwelling meeting modern needs of creative design that will maintain the high quality of the neighbourhood.


Document(s):


Collingwood

Orillia

Owen Sound

Sudbury

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