November 12, 1998

To:Chairman and Members of Etobicoke Community Council

From:Karen V. Bricker, MCIP, Director, Community Planning, West Office

Subject:Appeal of Committee of Adjustment Decisions

Purpose:

To advise Toronto Council 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:

There will be financial costs associated with the appeals involving 189 Rexdale Boulevard and 165 Islington Avenue.

Recommendation:

It is recommended that legal and staff representation be provided for the appeals regarding Application No. A-305/98ET, 189 Rexdale Boulevard, and A-262/98ET, 165 Islington Avenue, and that legal and staff representation not be provided for the appeals regarding Application No. A-286/98ET, 399 Lake Promenade, and A-307/98ET, 282 Rimilton Avenue and A-320/98, 391 Renforth Drive.

Comments:

The applications and appeals are summarized as follows:

i)Address: 189 Rexdale Boulevard

Applicant:William Muller

Appellant:Patrick Di Monte, Solicitor for the applicant.

Hearing Date:To be determined by the OMB

Application:Proposed variances to Sections 304-34, 304-31G, 304-36B.(1), 304-20B, 304-20C, 304-36G.(1), 304-20D and 304-20E of the Zoning Code with respect to permitted uses, landscaping, parking and setbacks requirements in order to recognize the operation of a stand alone car sales centre on 1037.13 m² (11,164 sq.ft.) of the west portion of the front yard of the subject lands, including the establishment of a freestanding sales trailer and freestanding washroom facility on the lands.

Decision of Committee of Adjustment:Refused.

Comments:The subject site is currently being used for the storage and parking of miscellaneous items and vehicles such as trailers, boats, derelict auto-parts, house-trailers, dump trucks etc. The applicant's proposal requires a total of eight variances from the general provisions of the Zoning Code and the Supplementary Regulations for Stand Alone Vehicles Sales and/or Rental Establishments. The supplementary regulations were enacted in 1997, providing for such operations to be permitted only in accordance with locational criteria and site specific standards (as now set out in the Zoning Code). The proposed used car sales operation from a sales trailer located in the front portion of the property is inappropriate and contrary to the intent of the Zoning Code. Therefore, legal and staff representation is warranted.

ii)Address: 399 Lake Promenade

Applicant:Ver Gacanin, Alberto Macedo and Armandina Macedo

Appellant:Ver Gacanin, Alberto Macedo and Armandina Macedo

Hearing Date:To be determined by the OMB

Application:The property is occupied by a duplex dwelling with an illegal basement apartment and the applicant wishes to legalize the basement unit and make additions to the existing structure. The Multiple Residential Long Branch (RM1) zone does not recognize duplex units with basement apartments (Section 330-25 of the Zoning Code) and therefore, structural alterations are not permitted (Section 330-6[1] of the Zoning Code). Relief is also sought to permit outdoor stairs to be located 0.8m (2.6 ft.) from the side lot line whereas Section 330-26B.(6)(b) of the Zoning Code requires a minimum setback of 1.8 m (5.9 ft.).

Decision of Committee of Adjustment:Refused.

Comments:The Multiple Residential Long Branch (RM1) zone permits duplexes and triplexes but does not recognize a duplex with a basement unit. As the application does not involve substantive planning matter, legal and staff representation is not warranted.

iii)Address:165 Islington Avenue

Applicant:Eugenia Biedrzycka

Appellant:Eugenia Biedrzycka

Hearing Date:To be determined by the OMB

Application:To legalize and maintain the use of single detached dwelling as a lodging house for seven lodgers. A lodging house is not listed as a permitted use on the site, which is zoned Second Density Residential (R2) (New Toronto).

Decision of Committee of Adjustment:Refused.

Comments:As lodging houses are not listed as a permitted use in the Second Density Residential (R2) (New Toronto) zone, applicable Official Plan policies require that the proposed facility be evaluated on the basis of an application for site-specific by-law amendment, rather than minor variance. Therefore, legal and staff representation is warranted.

iv)Address:282 Rimilton Avenue

Applicant:Porfirio and Madalena Da Silva

Appellant:Porfirio and Madalena Da Silva

Hearing Date:To be determined by the OMB.

Application:To permit the construction of a new single detached dwelling on a vacant lot. The dwelling would be set back 6 m from the front lot line and 7.17 m from the rear lot line, while the required minimum setbacks are 7.99 m and 8.38 m, respectively. The dwelling would have a gross floor area of 220.86 m2 (0.6 floor space index), while a maximum floor area of 147.39 m2 (0.4 floor space index), is required by the by-law.

Decision of Committee of Adjustment:Refused.

Comments: The proposed dwelling would be situated on a relatively shallow lot severed earlier in 1998, and is similar in scale, character and setbacks to existing dwellings in the vicinity. Therefore, legal and staff representation is not warranted.

v)Address:391 Renforth Drive

Applicant:Bogdan and Bozena Jakubowski

Appellant:Bogdan and Bozena Jakubowski

Hearing Date:To be determined by the OMB.

Application:To permit the construction of a new two storey addition to an irregular shaped corner lot which would result in an average rear yard setback of 5.89 m (20 ft). The Zoning Code requires an average rear yard setback of 8.08 m (27 ft) for the subject site.

Decision of Committee of Adjustment:Refused.

Comments: As the subject site is an irregular shaped corner lot, staff are of the opinion that legal and staff representation is not warranted.

Conclusion:

The subject appeals were reviewed by staff who are of the opinion that appeal items (i) and (iii) involve substantive planning issues; therefore, legal and staff representation at the Ontario Municipal Board is warranted for these appeals.

As items (ii), (iv) and (v) do not involve substantive planning issues, legal and staff representation at the Ontario Municipal Board is not warranted for these appeals.

Contact Name:

Richard Kendall Tel: (416)394-8227

Principal PlannerFax: (416)394-6063

Karen V. Bricker, MCIP

Director, Community Planning, West District