December 9, 1998
To:Chairman and Members of Etobicoke Community Council
From:Karen V. Bricker, MCIP, Director, Community Planning, West District
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 no financial costs associated with the appeals.
Recommendation:
It is recommended that legal and staff representation not be provided for the appeals regarding Applications Nos.
A-344/98ET, 16 Tromley Drive; A-263/98, 52 Airview Drive; and, A-240/98, 75 Birmingham Street.
Comments:
The applications and appeals are summarized as follows:
(1)Address: 16 Tromley Drive
Applicant:Bernard and Robin Martins
Appellant:Bernard and Robin Martins
Hearing Date:To be determined by the OMB
Application:To legalize and permit completion of a detached two-car garage on an irregularly shaped corner lot. Section
320-43G of the Zoning Code provides that for all new dwellings erected on corner lots, any garage or carport must be
attached to the dwelling.
Decision of Committee of Adjustment:Refused
Comments: The applicant partially constructed a two car garage without a building permit and was issued an Order to
Comply on August 13, 1998. Based on a site inspection and review of the single variance required, staff had no comment
on the application before the Committee of Adjustment. As the subject site is an irregularly shaped corner lot and the
application involves only one variance, staff are of the opinion that legal and staff representation is not warranted. At its
November 12, meeting Council recommended that the City Solicitor be authorized to attend at the Ontario Municipal
Board for the purpose of seeking an adjournment of an appeal relating to this application as the owner will be out of the
country. No hearing date has been set at this time.
(2) Address:52 Airview Drive
Applicant:Ajit Investments Inc.
Appellant:John Ambury
Hearing Date:To be determined by the OMB
Application: To permit an auto repair business in an industrial condominium complex.
Decision of Committee of Adjustment: Approved
Comments: As this is to permit an industrial use in an industrial zone, staff are of the opinion that legal and staff
representation is not warranted.
(3)Address:75 Birmingham Street
Applicant:Bosnian Islamic Centre
Appellant:Bosnian Islamic Centre
Hearing Date:To be determined by the OMB
Application:To construct a second storey addition behind an existing 2-storey mosque building, over its existing parking
area. The addition would contain classrooms, washrooms and offices but not expand the mosque's assembly area. A total
of 24 parking spaces are required under the Zoning Code while 13 will be provided, with nine spaces having reduced
width. As the addition would extend to the rear and side lot lines, it would not meet the required rear setback of 7.5 m, the
required side setbacks of 4.5 m, nor the landscaped parking setback of 1.5 m from lot lines. The site itself is under the
required lot area and lot frontage for a place of worship under the Zoning Code.
Decision of Committee of Adjustment:Refused
Comments:Staff are of the opinion that legal and staff representation is not warranted. Adequate parking is available for
the proposed classrooms and office space as their hours of operation differ from the existing place of worship. While the
addition will extend to the lot lines, it is located in an area where existing buildings have minimal setbacks. The exterior
treatment of the addition, and its landscaping and parking, can be addressed in more detail at the site plan stage.
Conclusion:
The subject appeals were reviewed by staff who are of the opinion that appeal items (1), (2) and (3) do not involve
substantive planning issues; therefore, legal and staff representation at the Ontario Municipal Board is not warranted for
these appeals.
Contact Name:
Linda Bunce Tel: (416)394-8221
Principal PlannerFax: (416)394-6063
Karen V. Bricker, MCIP
Director, Community Planning, West District
