October 2, 1998

To:North York Community Council

From:H.W.O. Doyle

Subject:Appeal by Custodia Rizzo from Committeee of Adjustment decision

31 Kirby Road

File AP98.10

Purpose:

To report that the Ontario Municipal Board refused an appeal of a Committee of Adjustment decision denying variances to permit a severance of 31 Kirby Road.

Funding Sources, Financial Implications and Impact Statement:

Nil.

Recommendation:

It is recommended that this report be received for information.

Council Reference/Back Ground\History:

At its June, 1998 meeting, Council authorized staff to attend an Ontario Municipal Board hearing in support of a Committee of Adjustment decision to refuse variances to the by-law, necessary to permit 31 Kirby Road to be developed with a semi-detached dwelling and subsequently severed.

Comments and/or Discussion and/or Justification:

On June 24, 1998, the Ontario Municipal Board convened a hearing into the appeal by Custodia Rizzo, the owner of 31 Kirby Road, appealing the decision of the Committee of Adjustment, refusing the variances requested to permit the property to be redeveloped.

On the same day, North York Community Council adopted the recommendations of a planning study for the south side of Kirby Road, recommending that the existing RM5 zoning be amended to R5, consistent with the north side of the street.

At the Ontario Municipal Board hearing, the Board refused to hear any evidence of the planning study and its conclusions, finding as a fact, that any planning study commenced after the application for variance was filed was not relevant on the appeal. However, based on evidence from the City's Planner, Ellen Standret, and evidence from a ratepayer, the Board found that the proposal would introduce a new building form with a facia area that is approximately 2.4 times that of other existing dwellings on the street. The Board found that the existing, exclusively single family homes on the street were signficantly similar in style and that the neighbourhood is stable with well landscaped and maintained boulevards with large, mature trees and very little on street parking.

In refusing the appeals and denying the variances requested, the Board relied on provisions in the North York Official Plan encouraging the protection of existing stable residential neighbourhoods and discouraging intensification which is not "desirable and apprpriate in order to rejuvenate or enhance the viability of a residential neightbourhood.

Conclusions:

This report is provided for your information. The recommendations of the planning study to rezone the south side of Kirby Road are the subject of a rezoning application and will be dealt with separately.

Contact Name:

Catherine M. Conrad

Solicitor

392-7244

cconrad@city.toronto.on.ca

H.W.O. Doyle

City Solicitor

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