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May 7, 1998

 To:Scarborough Community Council

 From:Anna Kinastowski, Director, General Legal Services & Administration, Legal Department, Scarborough Office

Subject:Minor Variance Application A106/97, 2329-2831 Kingston Road - R. Crecouzos, Ontario Municipal Board Decision

 Purpose:

 To advise Scarborough Community Council of the decision of the Ontario Municipal Board with respect to the above-noted appeal.

 Funding Sources, Financial Implications and Impact Statement:

 Not Applicable

 Recommendations:

 It is recommended that this report be received for information.

 Council Reference/Background/History:

 The owner of the subject property appealed the June 18, 1997 decision of the Committee of Adjustment refusal of a minor variance application to permit: (1)the construction of 3 additional dwelling units for a total of 10 dwelling units on the subject site, whereas the Zoning By-law permits a maximum of 7 dwelling units;

 (2)three additional parking spaces to supply the new units, having minimum dimensions of 2.7 metres (8.9 feet) by 5.2 metres (17.1 feet), whereas the Zoning By-law requires parking spaces having minimum dimensions of 2.7 metres (8.9 feet) by 5.7 metres (18.7 feet).

 Council, in June 1995, redesignated and rezoned the subject site to convert the second-storey of this building from offices to residential dwelling units. At that time, the property owner requested that he be permitted to construct 7 dwelling units. As part of Council=s approval, 7 additional parking spaces were also provided at the rear of the property, abutting the public laneway.

 The Commercial Mixed Use designation provides for a variety of uses, however a site specific numbered policy specifies a maximum residential density of 47 units per hectare (18 units per acre), or 7 units. The 10 unit proposal, at a site density of 66 units per hectare (26 units per acre), would exceed the density provided for in the Official Plan.

 The writer appeared at the Board=s hearing of this matter together with a representative of the Planning and Buildings Department on December 22, 1997 in support of the decision of the Committee of Adjustment.

 In a Decision issued on May 4, 1998, copy attached, the Board agreed that the variances requested would not result in a development that is minor in nature and accordingly, the Board dismissed the appeal and did not grant the variance application.

  Conclusion

 That this report be received for information.

 Contact Name:

 Anna Kinastowski

Director, General Legal Services and Administration

Legal Department, Scarborough Office

Telephone No. (416) 396-7739

Fax No. (416) 396-4262

Anna Kinastowski

Director, General Legal Services & Administration

Legal Department, Scarborough Office

 

   
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