July 22, 1998

 To:Chairman and Members of Etobicoke Community Council

 From:Karen V. Bricker, MCIP, Commissioner of Urban Development, Etobicoke

 Subject:Appeal of Committee of Adjustment Decisions

 Purpose :

 To advise Toronto Council of a number of Committee of Adjustment Decisions which have been appealed to the Ontario Municipal Board and to recommend whether legal and staff representation is warranted.

 Funding Sources, Financial Implications and Impact Statement:

 No financial impact.

 Recommendation:

 It is recommended that:

 (i)Legal and staff representation not be provided for the appeals regarding Application No. A-139/98ET, 300 The Kingsway, Application No. A-175/98ET, 2 Woolenscote Circle, and Application No. A-162/98ET, 2685 Lake Shore Boulevard West.

 Comment:

 The applications and appeals are summarized as follows:

 (i)Address: 300 The Kingsway (Kingsway-Humber)

Applicant:Ella Morgan

Appellant:Westell Peaker

Hearing Date:To be determined by the OMB

Application:The applicant proposes to introduce two parking spaces within the front yard setback of the existing apartment building, whereas Section 320-18B.(2)(d) of the Zoning Code prohibits parking areas to be located beyond the main wall of apartment buildings.

 Decision of Committee of Adjustment:Granted.

 Staff Recommendation:Legal representation is not recommended.

  (ii)Address: 2 Woolenscote Circle (Rexdale-Thistletown)

Applicant:Kenneth and Hemwattie Ramsarran

Appellant:Kenneth and Hemwattie Ramsarran

Hearing Date:To be determined by the OMB

Application:Proposed variances to the rear yard setback and maintenance easement provisions of the Zoning Code (By-law 1978-154) to permit an attached carport.

 Decision of Committee of Adjustment:Refused.

 Staff Recommendation:Legal representation is not recommended.

  (iii)Address: 2685 Lake Shore Boulevard West (Lakeshore-Queensway)

Applicant:Da Vinci Homes Limited

Appellant: T. Pagington et al

Hearing Date:To be determined by the OMB

Application:Proposed variances to the front and side yard setback provisions of the Zoning Code to permit a five-storey, 16-unit residential apartment building.

 Decision of Committee of Adjustment:Granted.

 Staff Recommendation:The subject property is designated High Density Residential in the Etobicoke Official Plan and zoned R4 (New Toronto). The proposal has been designed in an effort to mitigate possible impacts and will be subject to further review as part of the Site Plan Control Approval process. Staff have no concerns regarding this proposal, therefore, staff and legal representation is not recommended.

Conclusion:

The subject appeals were reviewed by staff who are of the opinion that the above-noted appeals do not involve substantive planning issues; therefore, legal and staff representation at the Ontario Municipal Board is not warranted for these appeals.

 Contact Name:

 Ted Tyndorf, MCIPTel: (416)394-8216

Director of Development and DesignFax:(416)394-6063

   Karen V. Bricker, MCIP

Commissioner of Urban Development, Etobicoke