9.APPEAL OF COMMITTEE OF ADJUSTMENT APPLICATIONS

CA-98-45: 2A MONTYE AVENUE, WARD 27, YORK- HUMBER

CA-98-54-61: 460 ROGERS ROAD, WARD 27, YORK-HUMBER.

 Commissioner of Development Services, York Civic Service Centre

(May 13, 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 this report be received.

Background:

1.CA-98-45 - 2A Montye Avenue

(See Appendix A and B attached)

The Committee of Adjustment on March 24, 1998 refused minor variances to construct a three storey rear addition to an existing two-storey detached dwelling containing 4 residential units, as an extension to a legal non-conforming use.. The Development Services Department did not comment to Committee on the application.

The owner has appealed the Committee=s decision. The Ontario Municipal Board has not yet scheduled a hearing for the application.

2.CA-98-54 (minor variance) and CA-98-55 to 61 (consent) 460 Rogers Road

(See Appendix C and D attached)

The Committee of Adjustment on March 24, 1998 granted the following, subject to conditions:

 i)permission to change the legal non-conforming use of a portion of the site previously used for an automotive repair and sale of auto parts business in the R2 Residential Zone to a similar or more compatible use; namely, open space and a parking lot with seven parking spaces, and

 ii)variances to the minimum driveway width and maximum number of vehicles parked on a parking area with only one 3 metre wide access.

These variances were requested to retain and use a portion of the existing two storey building for a mixed use building containing commercial uses on the ground floor and five residential units on the second floor.

Committee of Adjustment also granted provisional consent to sever the land into 7 lots for the construction of a two-storey townhouse on each lot, subject to conditions including that the approval of the minor variance application become final and binding and the related conditions be fulfilled.

The abutting owner at 47 Kane Avenue has appealed the Committee=s decisions on the minor variance and consent applications. The Ontario Municipal Board has not yet scheduled a hearing for the applications.

Comments: 1.CA-98-45 - 2A Montye Avenue

The Development Services Department provided no comment on the minor variance application for 2A Montye Avenue. Therefore, no direction is required for staff to attend the Municipal Board hearing.

2.CA-98-54 (minor variance) and CA-98-55 to 61 (consent) 460 Rogers Road

The Development Services Department, in commenting on the minor variance and consent applications, indicated no objections. At the request of the Department, Committee imposed a condition to require the owner to enter into a consent agreement to address the soil remediation of the site by way of a Record of Site Condition and any other matters deemed appropriate by the City Solicitor. There is no matter of significance to Council policy and staff need not attend the Ontario Municipal Board hearing on this matter when it is scheduled.

Conclusions:

It is recommended that this report be received.

Contact Name:

L. Moretto, Director, Development Review

Phone: 394-2607Fax: 394-2782

(Copies of Appendices A, B, C, and D, referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the York Community Council meeting of May 27, 1998, and copies thereof are on file in the Clerk's Department, York Civic Service Centre.)