Request for Direction - Minor Variance Appeals

SA13/98 and A365/97 - Ward 18 - Scarborough Malvern

The Scarborough Community Council recommends the adoption of the following report (March 19, 1998) from the Commissioner of Planning and Buildings, Scarborough, subject to amending the recommendations to read as follows:

"It is recommended that:

(1) Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Application SA13/98; and

(2) Council direct the City Solicitor to attend any Ontario Municipal Board hearing with respect to Minor Variance Application A365/97 (43 Alanbull Square)."

Purpose:

This report seeks direction from Council as to the City Solicitor's role at pending Ontario Municipal Board hearings on two current appeals, as further detailed below.

Recommendation:

It is recommended that:

(1) Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Applications A365/97 and SA13/98.

Comments:

(1) Minor Variance Application SA13/98

Joseph Paul Inc. and Metropolitan Toronto Condominium Corporation 1016

705 Middlefield Road, Unit 112

Tapscott Employment District - Scarborough Malvern

On February 11, 1998, the Committee of Adjustment approved a minor variance application for Unit 112 to permit a 930 square metres (10,000 square feet) Place of Worship for a temporary period of two years with no additional parking provided (as detailed in the decision). Robert Santacroce and General Printing, owners of the above-mentioned condominium unit, have now appealed that decision, as the proposed use would not be compatible with the existing industrial uses of the condominium complex. The Committee of Adjustment has granted similar requests to permit places of worship in multiple-unit buildings. These approvals are consistent with Council's Official Plan Policy wherein applicants are encouraged to apply for minor variance pursuant to the Planning Act for this type of proposal. As this matter relates to dispute among the unit owners of the condominium, the appeal does not raise issues of significance to the corporation to warrant expenditure of the City's limited resources on a Board hearing.

(2) Minor Variance Application A365/97

Caroline Chiang

43 Alanbull Square

Milliken Community - Scarborough Malvern

The owner has appealed the February 11, 1998 decision of the Committee of Adjustment to refuse a minor variance to permit a one storey rear addition having a minimum building setback of 5.1 metres (16.7 feet) from the rear lot line, whereas the Zoning By-law requires a minimum rear yard building setback of 7.5 metres (25 feet) (as detailed in the attached decision). Approval of the variance would have permitted approximately 16.3 square metres (175 square feet) of additional living space for a total building floor area of 201.7 square metres (2,172 square feet). The appeal does not raise issues of significance to the Corporation to warrant expenditure of the City's limited resources on the Board hearing.

Contact Name:

Euken Lui, Planner

(416) 396-7015

(416) 396-4265 Fax Number

lui@city.scarborough.on.ca

(A copy of the material, referred to in the foregoing report, was forwarded to all Members of the Scarborough Community Council with the Agenda for the meeting on April 1, 1998, and a copy thereof is on file in the office of the City Clerk)