Our client sought certain variances to make her home more accessible and to accommodate her special needs. Certain neighbours took issue with the proposed variances. When the Committee of Adjustment refused the variances, Denitza Koev successfully represented our client in a minor variance appeal hearing before the Toronto Local Appeal Body (TLAB). At the outset of the hearing, Ms. Koev took issue with the unlawful status of the representative for the parties in opposition to the variances. The TLAB Member agreed that the individual did not have standing to act as a representative in the appeal proceedings and denied his participation in the hearing.
The Thomson Rogers team, led by Denitza Koev, worked with expert land use planner Martin Rendl to highlight and rely upon the applicable policies in the Provincial Policy Statement (PPS)* that seek to achieve improved accessibility and adaptable housing for persons with disabilities in Ontario. This involves permitting and facilitating all forms of housing required to meet the social, health and well-being of current and future Ontario residents, including special needs requirements, such as mobility requirements and adaptable and accessible housing. In her decision, the TLAB Member recognized that the application was unique in that the variances sought were intended to accommodate the accessibility and special needs of the applicant. This was an important factor in approving the variances.
*Now known as the Provincial Planning Statement, 2024.
