29.APPEAL OF COMMITTEE OF ADJUSTMENT APPLICATIONS
Commissioner of Development Services,York Civic Service Center
(March 5, 1998)
Purpose:
This report provides information on appeals of Committee of Adjustment applications.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
It is recommended that appropriate staff be directed to attend the Ontario Municipal Board hearings scheduled for 247
Rosethorn Avenue, 180 Eileen Avenue and 13 Baby Point Road, to recommend refusal, consistent with the Committee of
Adjustment refusal decisions.
Background:
(1)Application CA-97-157 - 247 Rosethorn Avenue (See Appendix A and B attached)
Variances to construct a one storey addition to an existing church which will result in an encroachment within the road
allowance have been refused by the Committee. The owner has appealed the decision.
(2)Application CA-97-264 and 265 - 180 Eileen Avenue (See Appendix C and D attached)
Committee=s refusal of a consent to create a new residential lot and extend an existing right-of-way for access purposes,
along with its refusal of variances to retain and use the existing semi-detached dwelling on the land to be severed, have
been appealed by the owner.
(3)Application CA-98-2, 3 and 4 - 13 Baby Point Road (See Appendix E and F attached)
Committee=s refusal of a consent to create a new residential lot and variances to retain and use the existing detached
dwelling and construct a new detached dwelling on the proposed new lot, have been appealed by the owner.
Comments:
(1)Minor Variance Application for 247 Rosethorn Avenue
The Development Services Department recommended refusal of the application. The department commented that the
approval could be precedent setting. The Operations Services Department is in agreement with the department that no
building encroachment should be permitted in the road allowance as it will conflict with future municipal services and
public utility installation.
(2)Consent and Minor Variance Applications for 180 Eileen Avenue
The Development Services Department recommended refusal of the application citing the following concerns:
i)the creation of a residential property that does not have frontage on a public road;
ii)the inability to move from the front yard to the rear yard on the proposed severed lot because the dwelling unit has
been constructed with no side yard;
iii)the provision of a front yard parking space where it is not the intent of the Zoning By-law to create front yard
parking for new dwellings units;
iv)the unsafe situation created by the L-shaped narrow driveway for backing motor vehicle onto Eileen Avenue ; and,
v)the proposal does not result in an appropriate development of the land and is not in keeping with the general intent
of the Official Plan or Zoning By-law.
(3)Consent and Minor Variance Applications for 13 Baby Point Road
The Development Services Department recommended refusal of the applications. The Department reported that the
proposed rear yard depth for the retained lot and the severed lot of 3.66 m and 2.4 m are unacceptable considering that the
By-law requires a minimum rear yard depth of 9 m. It also noted that there were variances to the maximum permitted
density. The department recommended refusal on the basis that the cumulative effect of the variances sought results in a
major deviation from the by-law requirements and the proposal is not in keeping with the general intent of the Zoning
By-law or Official Plan. Furthermore, the proposal does not result in a desirable development of the land and, if approved,
it would set a precedent for other similar corner properties.
Conclusions:
In light of the Department=s refusal recommendations and rationale, staff should be directed to attend the Ontario
Municipal Board hearing to recommend refusal of the applications for 247 Rosethorn Avenue, 180 Eileen Avenue and 13
Baby Point Road, consistent with the Committee of Adjustment refusal decisions.
Contact Name:
J. Crawford, Senior Planner
L. Moretto, Director Development Review
Phone: 394-2607Fax: 394-2612
(The following attachments are on file in the Clerk=s Office, York Civic Service Centre:
Appendix A:Location Map for 247 Rosethorn Avenue
Appendix B:Site Plan for 247 Rosethorn Avenue
Appendix C:Location Map for 180 Eileen Avenue
Appendix D:Site Plan for 180 Eileen Avenue
Appendix E:Location Map for 13 Baby Point Road
Appendix F:Site Plan for 13 Baby Point Road)
