27.APPEAL OF COMMITTEE OF ADJUSTMENT DECISIONS
Ward 28, York Eglinton.
Director, Community Planning, West District
(September 2, 1998)
Purpose:
To provide information on appeals of Committee of Adjustment decisions which have been appealed to the Ontario
Municipal Board and to recommend whether or not legal and staff representation is warranted.
Funding Sources, Financial Implications and Impact Statement:
There will be financial costs associated with the appeal recommended for legal and staff representation.
Recommendation:
It is recommended that:
1)Legal and staff representation be provided for the appeal regarding application No. CA-98-199, 168 Locksley Avenue.
2)Legal and staff representation not be provided for the appeal regarding application No. CA-98-200, 72 Branstone Road.
Comment:
The applications and appeals are summarized as follows:
(i)Address:168 Locksley Avenue (Ward 28: York Eglinton)
Applicant:Sylia Smart-James
Appellant:Sylia Smart-James
Hearing Date:To be determined by the OMB
Application:CA-98-199. The applicant proposes to construct a partial second storey addition over the front one storey
portion of an existing detached dwelling containing an apartment-in-house. (See Appendix A and B attached). Requested
variances are:
By-law Plans
minimum front yard setback1 m less than established2.88 m
minimum side yard width1.2 m0.98 m (south)
no. of parking spaces21
Committee of Adjustment Decision: (July 7, 1998) Granted with conditions requiring a second parking space to be
provided in the rear yard and be delineated on a revised site plan; the asphalt portion of the boulevard to be reinstated to
grass; the owner applying to the City for an encroachment agreement for the brick wall within the road allowances; and, the
owner applying for a fence permit and making necessary revisions to the existing 1.5 metre high board fence in the
boulevard.
Staff Recommendation:The Planning Division recommended to the Committee that a second parking space in the rear yard
be delineated on a revised site plan to the satisfaction of the Chief Building Official prior to issuance of a building permit.
This condition was recommended to address the illegal unlicensed parking of two vehicles on a widened portion of the
existing driveway within the Ridelle Avenue boulevard. Opportunity and space is available to provide an additional parking
space beside the existing parking space on-site, in the rear yard, as opposed to licensing and continuing the boulevard
parking. Legal and staff representation is recommended.
(ii)Address:72 Branstone Road (Ward 28: York Eglinton)
Applicant:Jose Franco
Appellant:A and M. Cattelan (70 Branstone Road)
Hearing Date:To be determined by the OMB
Application:CA-200-98 The applicant proposes to construct a new two storey detached dwelling. (See Appendix C and
D attached). Requested variances are:
By-law Plans
minimum lot frontage8 m7.62 m
minimum side yard width1.2 m0.76 m (south)
0.5 m0.45 m (north)
Committee of Adjustment Decision:(July 7, 1998) Granted.
Staff Recommendation:The Planning Divsion did not comment to Committee on the application. Legal and staff
representation is not recommended.
Conclusions:
The subject appeals were reviewed by staff who are of the opinion that item (i) involves substantive planning issues;
therefore, legal and staff representation at the Ontario Municipal Board is warranted.
Item (ii) does not involve substantive planning issues. Legal and staff representation at the Ontario Municipal Board is not
warranted for this appeal.
Contact Name:
L. Moretto, Director, Development ReviewTel:(416) 394-2617
York Civic Service CentreFax:(416) 394-2782
(Copies of Appendices A: Location Map for 168 Locksley Avenue; B: Site Plan for 168 Locksley Avenue; C: Location
Map for 72 Branstone Road; and D: Site Plan for 72 Branstone Road referred to in the foregoing report, were forwarded to
all Members of Council with the agenda of the York Community Council meeting of September 16, 1998 and copies
thereof are on file in the Clerk's Department, York Civic Centre.)
