August 18, 1998
To:Scarborough Community Council
From:Ted Tyndorf, MCIP, RPP.
Director of Community Planning, East Office
Subject:REQUEST FOR DIRECTION
MINOR VARIANCE APPEAL
Purpose:
This report seeks direction from City Council as to the City Solicitor's role at a pending
Ontario Municipal Board hearing on a current appeal, as further detailed below.
Recommendation:
It is recommended that City Council direct the City Solicitor to attend the Ontario
Municipal Board hearing in support of the Committee of Adjustment's decision with respect
to Minor Variance Application A311/97.
Comments:
Variance Application - A311/97
Narinderpal and Harbans Bhattal
573 Meadowvale Road
Lot 2, Registered Plan 3499
Highland Creek
Ward 16 - Scarborough Highland Creek
Nurun Nabi, on behalf of Narinderpal and Harbans Bhattal, has 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 Number 10827, as amended, to permit the existing dwelling to
remain on Part 2 as shown on Figure 2 having a minimum rear yard setback of 6 metres
(19.68 feet) whereas the Zoning By-law requires a minimum rear yard setback of 7.5 metres
(25 feet).
By way of background, the original application submitted on November 25, 1997 proposed
four single family lots. However, as the proposal did not conform to the minimum lot area
requirement of the Highland Creek Secondary Plan and the Zoning By-law, the applicant
subsequently revised the proposal to provide for three lots and once again on June 8, 1998
revised the application, to its present form.
The owners have appealed the June 10, 1998 decision of the Committee of Adjustment
which refused the requested minor variance application (attached is a copy of the
Committee of Adjustment report and decision.)
The owner has also submitted a consent application in support of the minor variance
application. The consent application proposes to divide the property into two lots, as
follows:
-Part 1 would have a lot frontage of approximately 14 metres (46 feet) and a lot area of
approximately 464.8 m² (5,004 square feet); and
-Part 2 would have a lot frontage of approximately 42.1 metres (138 feet) and a lot area of
approximately 1 288 m² (13,865 square feet). The existing dwelling is to remain, however,
the existing garage is to be demolished.
On August 14, 1998, the Commissioner of Planning and Buildings, Scarborough, refused
the consent application (attached is a copy of the decision.)
The owner will likely appeal the consent application, as he has appealed the minor variance
application.
This proposal does not maintain the overall objectives of the Official Plan as the proposed
minor variance and consent would not maintain the existing character of the neighbourhood,
nor does it provide for the orderly development of this land, is considered premature and is
not in the interest of the public. Therefore, the City Solicitor should be directed to attend the
Ontario Municipal Board Hearing in support of the Committee's decision regarding this
variance.
Contact Name:
Victor Gottwald, Acting Senior Planner
Community Planning Division
Phone: (416) 396-5004
Fax: (416) 396-4265
E-mail: gottwald@city.scarborough.on.ca
Ted Tyndorf, MCIP, RPP.
Director of Community Planning, East Office
VG/
