May 4, 1998
To:Scarborough Community Council
From:Lorne Ross, MCIP, RPP., Commissioner of Planning and Buildings Subject:REQUEST FOR DIRECTION MINOR VARIANCE APPEALS
Purpose:
This report seeks direction from Council as to the City Solicitor=s role at pending Ontario Municipal Board hearings on 2
current minor variance appeals, as further detailed below.
Recommendations:
It is recommended that: (1)Council direct the City Solicitor to attend the Ontario Municipal Board hearing in support of the Committee=s decision
with respect to Minor Variance Application SA31/98.
(2)Council direct the City Solicitor to attend the Ontario Municipal Board hearing in support of the Committee=s decision
with respect to Minor Variance Application SA49/98.
Comments: (1)Variance SA31/98 - Larry and Lucille Lamanna
135 Zaph Avenue
Part of Lots 61 and 62, Registered Plan 2129
Highland Creek Community
Scarborough Highland Creek The owners applied to the Committee of Adjustment for the City of Toronto for a variance from the provisions of the
Highland Creek Community Zoning By-law No. 10827, as amended, in regard to Part of Lots 61 and 62, Registered Plan
2129, known municipally as No. 135 Zaph Avenue, to permit a new two-storey single-family dwelling to be constructed as
follows:
(I)On a parcel of land having a frontage of 8.5 metres (28 feet), whereas the Zoning By-law requires a minimum frontage
of 15 metres (50 feet) on a public street; and
(ii)Having minimum building setbacks of 1.2 metres (4 feet) from the side property lines, whereas the Zoning By-law
requires a minimum sideyard building setback of 1.2 metres (4 feet) for the first storey and an additional 0.6 metres (2 feet)
for the second storey, or 1.8 metres (6 feet) on each side in this case.
At the April 8, 1998 meeting of the Committee of Adjustment, five residents spoke in opposition to the application. A letter
with a petition signed by 20 residents from Zaph Avenue, as well as two individual letters, including one from Mr. Clancy
Delbarre, President of Highland Creek Community Association, were submitted to the Committee. A communication from
Scarborough Highland Creek Councillor, Ron Moeser, requesting the Committee to defer the hearing sine die was also
received by the Committee. The application was refused by the Committee and this decision was supported by the staff
position (report attached), which concluded that the proposed variance was contrary to the Official Plan policies as it would
permit construction of a dwelling on a narrow lot frontage which would be out of character with the existing community
fabric dominated by spacious, well treed lots. The owners have now appealed the Committee=s decision, however a
hearing has not yet been scheduled by the Ontario Municipal Board.
(2)Variance SA49/98 - Chris Pavlakis
866 Milner Avenue
Part of Lot 17, Registered Plan M-2249
Rouge Employment District
Scarborough Malvern The owner has appealed the April 22, 1998 decision of the Committee of Adjustment which refused a variance to permit a
205 m5 (2,200 square feet) showroom and retail sales outlet ancillary to the warehouse operation for a period of five years,
whereas the Zoning By-law permits retail sales ancillary only to assembling, manufacturing, processing and recycling uses,
to a maximum of 10% of the total gross floor area of an industrial unit. The Committee=s decision was supported by staff
position (report attached).
At the meeting, Scarborough Malvern Councillor, Bas Balkissoon, spoke in opposition to the variance. A communication
from F. Bruce Graham, Toronto Community and Economic Development Services, Scarborough Office, in support of the
application, was received by the Committee. As the proposed variance does not maintain the intent and purpose of the
Official Plan and Zoning By-law, the proposed use would be more appropriately dealt with by Council. No hearing date
has yet been scheduled by the Ontario Municipal Board.
Contact Name:
Anna Czajkowski, MCIP, RPP.
Senior Planner, Community Planning Division
Telephone:(416)396-7022
Facsimile:(416)396-4265
E-mail:czajkows@scarborough.on.ca
Respectfully submitted,
Lorne Ross, MCIP, RPP
Commissioner of Planning and Buildings
AC/nk