Appeal of Committee of Adjustment Applications for
247 Rosethorn Avenue, 180 Eileen Avenue and 13 Baby Point Road
The York Community Council recommends the adoption of the following report
(March 5, 1998) from the York Commissioner of Development Services:
Purpose:
This report provides information on appeals of Committee of Adjustment applications.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
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) (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
York Senior Planner
or
L. Moretto
York Director Development Review
Phone: 394-2607 Fax: 394-2612