Application for Amendment to the Zoning Code - Nazeer S. Bishay

In Trust, 22 Kingsview Boulevard - File No. Z-2245

 The Etobicoke Community Council recommends:

 (1)the adoption of the following report (May 27, 1998) from the Commissioner of Urban Development, Etobicoke District;

 (2)resolution of outstanding issues as soon as possible; and

 (3)recovery of all costs incurred by the municipality, including staff and legal time, in association with the resolution of these issues:

 Purpose:

 To consider a site specific proposal to amend the Second Density Residential (R2) zoning to legalize a two-storey, single detached residential dwelling with a rear yard setback of 22.24 m (73.0 ft), a coverage of 33.6 percent, and a building height of 10.27 m (33.7 ft).

 Funding Sources, Financial Implications and Impact Statement:

 City funding is not required. There are no impacts on capital or operating budgets.

 Recommendation:

 It is recommended that the application be refused and that the applicant be invited to appear in deputation before the Etobicoke Community Council.

 Background:

 This property has a long and complex history involving numerous applications before the City, hearings before the Ontario Municipal Board, and legal matters before the Courts. A detailed chronology of the events related to the applications with the City has been attached as Exhibit No. 1.

 In 1990 the applicant submitted a Committee of Adjustment application to permit the construction of a two-storey residential dwelling with a maximum height of 10.52 m (34.5 ft.), which exceeded the Zoning Code maximum of 9.5 m (31.2 ft.). The application was refused and was appealed to the Ontario Municipal Board who also refused the application in 1991. A second Committee of Adjustment application (A-213/91) was for rear yard setback and floor space index variances was also refused by the Committee in 1991.

 The applicant subsequently applied for a building permit on the basis of plans which complied with the Zoning Code. Building Permit No. B66685 was issued in August of 1991 and construction was completed over a three year period. In 1995, Zoning and Building Code violations were noted and the City initiated proceedings to remedy the violations. To maintain and legalize the dwelling, the applicant applied to the Committee of Adjustment to authorize minor variances from the Zoning Code to legalize the existing situation with respect to rear yard setback, height and coverage. Other matters with respect to grading and front yard landscaping were to be corrected and are discussed further in this report under Agency Comments. The Committee of Adjustment application (A-91/96) was refused and appealed to the Ontario Municipal Board by the applicant. The Board once again refused the application. The applicant has requested a review of this Board Decision in accordance with Section 43 of the Ontario Municipal Board Act; however, no hearing date has been scheduled.

 The Zoning Amendment application was submitted on October 22, 1997. Processing of the application was delayed as the applicant refused to erect a zoning sign on his property in accordance with the procedures and requirements of a Zoning Code Amendment application. Notwithstanding the lack of a zoning sign on the applicant=s property, staff have processed the application to bring forward a report for Council=s consideration.

 Site Description:

 The site is located in the northwest quadrant of Dixon Road and Islington Avenue, on the north side of Kingsview Boulevard (Exhibit No. 2). The site is rectangular in shape with a frontage of 21 m (70 ft.) and a lot depth of 91 m (298 ft.). The site contains a detached, two storey dwelling with an attached garage and indoor swimming pool with an approximate total floor area of 873 m2 (9,402 sq. ft.). The front yard has been landscaped with interlocking brick. A circular driveway has been defined with a series of concrete planters. A driveway along the east side of the property leads to a rear yard parking area and attached garage (Exhibit Nos. 3 and 4).

 The area has been developed with one and two-storey, detached residential dwellings. The site abuts a one-storey bungalow to the west and a detached back split dwelling to the east.

 Comments

 Official Plan:

 The existing dwelling and the proposed zoning amendment would be in conformity with the Etobicoke and the Metropolitan Toronto Official Plans.

 Zoning Code:

 The applicant is requesting amendments to the Second Density Residential (R2) zoning provisions, as they existed at the time of the issuance of the building permit, to permit and legalize the existing dwelling as constructed. The following amendments have been requested:

 Staff=s review and evaluation of this development has been consistent since the first application submitted to the Committee of Adjustment prior to any construction commencing on the site. Staff at that time did not support a development of the size proposed by the applicant and appeared before the Ontario Municipal Board in opposition to the application. The Board at that time accepted staff=s position that the dwelling would not be characteristic of the dwellings in the area and would physically dominate the streetscape due to its proposed height and mass. At the second Ontario Municipal Board Hearing, conducted after the building was erected, the Board found that, AThe height of this building creates a structure that imposes itself on the street.@ and AAlthough the offense is numerically minor, its impact is noticeable, imposing and adverse.@

 Staff=s position on this development remains the same. The amendments requested generate significant impacts and in staff opinion should not be granted.

 Agency Comments:

 The applicant has covered the entire front yard with paving stone. Previously no delineation of the driveway existed. The Zoning Code permits a maximum of 40 percent of the front yard area to be utilized for driveway purposes. To resolve the situation the applicant has installed concrete planters to delineate the driveway/parking area in accordance with the Zoning Code. The Transportation Planning Section of the Works Department has indicated that the concrete planters in the front yard should permanently delineate the driveway and landscaped area in a manner acceptable to the Division. Methods to achieve this have been submitted to the City and are currently being reviewed.

 The existing grading of the site was not completed in accordance with the approved building permit plans resulting in drainage issues. The Development Planning Section of the Works Department has indicated that the rezoning application should not be considered until outstanding grading and drainage issues are resolved. Revised engineering reports have been submitted by the applicant and are currently being reviewed by the Works Department.

 Conclusions:

 In staff=s opinion the proposed Zoning Code amendments are not warranted and it is recommended that the application be refused and that the applicant be invited to appear in deputation.

 Contact Name:

 Paul Zuliani, Area Planner, Development and Design

Tel: (416)394-8230 Fax: (416)394-6063

_____

 Mr. C. Tzekas, of Weir & Foulds, Solicitor for the applicant, appeared before the Etobicoke Community Council in connection with the foregoing matter.

 (Copies of Exhibits 1-4, referred to in the foregoing report were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of May 27, 1998, and copies thereof are on file in the office of the City Clerk.)