The HVVRA has successfully challenged a Committee of Adjustment ruling at the Toronto Land Appeal Body (TLAB) decision.
In August, 2016, the owner of 30 Westridge Road obtained a minor variance from the Committee of Adjustment (COA) to build 0.4 m. (15”) higher than zoning allows. In 2017, a city building inspector discovered the height exceeded (by 8”) what had been approved and issued a stop work order. In due course, the owner returned to the COA and received approval for the ‘as built’ height.
A neighbour (on behalf of a number of opposing neighbours) appealed the ruling to TLAB as a Party. HVVRA appealed as a Participant. Our position was that the second COA panel should have upheld the initial 2016 decision and that the owner should be required to abide by it.
Anne Anderson, HVVRA President testified, “The initial application was for 9m vs 9.5m. Now the applicant wants 9.9m to simply “morph” to 10.35m…we don’t know…if the COA would have approved 10.35 m…we do know that when 7 Glendarling applied for 10.30m it was rejected…[and] when a new application came in…at 9.7m, that was approved.”
TLAB denied the application, ruling that the owner comply with the initial approval. The owner appealed citing multiple points of law. In late December, TLAB Chair Ian Lord who reviewed the proceedings, ruled the owner is obliged to remove the excess height and build the roof to comply with the 2016 decision.
This is the second time HVVRA has successfully challenged a COA decision at TLAB, the first being for 405 The Kingsway. The ruling reaffirms a fundamental component of planning process, namely that an owner/developer cannot ignore a condition of their approval and simply build what they want.
HVVRA Board of Directors
Feb. 1, 2019