Request for Direction - Minor Variance Appeals

Wards 16 and 18 Scarborough Highland Creek

and Scarborough Malvern

The Scarborough Community Council recommends the adoption of the following report (May 4, 1998) from the Commissioner of Planning and Buildings, Scarborough:

Purpose:

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

Recommendations:

It is recommended that Council direct the City Solicitor:

(1)to attend the Ontario Municipal Board hearing in support of the Committee=s decision with respect to Minor Variance Application SA31/98; and

(2)to attend the Ontario Municipal Board hearing in support of the Committee=s decision with respect to Minor Variance Application SA49/98.

Comments:

(1)Variance SA31/98 - Larry and Lucille Lamanna

135 Zaph Avenue

Part of Lots 61 and 62, Registered Plan 2129

Highland Creek Community

Ward 16 - Scarborough Highland Creek

The owners applied to the Committee of Adjustment for the City of Toronto for a variance from the provisions of the Highland Creek Community Zoning By-law No. 10827, as amended, in regard to Part of Lots 61 and 62, Registered Plan 2129, known municipally as No. 135 Zaph Avenue, to permit a new two-storey single-family dwelling to be constructed as follows:

(i)On a parcel of land having a frontage of 8.5 metres (28 feet), whereas the Zoning By-law requires a minimum frontage of 15 metres (50 feet) on a public street; and

(ii)Having minimum building setbacks of 1.2 metres (4 feet) from the side property lines, whereas the Zoning By-law requires a minimum sideyard building setback of 1.2 metres (4 feet) for the first storey and an additional 0.6 metres (2 feet) for the second storey, or 1.8 metres (6 feet) on each side in this case.

At the April 8, 1998 meeting of the Committee of Adjustment, five residents spoke in opposition to the application. A letter with a petition signed by 20 residents from Zaph Avenue, as well as two individual letters, including one from Mr. Clancy Delbarre, President of Highland Creek Community Association, were submitted to the Committee. A communication from Scarborough Highland Creek Councillor, Ron Moeser, requesting the Committee to defer the hearing sine die was also received by the Committee. The application was refused by the Committee and this decision was supported by the staff position (report attached), which concluded that the proposed variance was contrary to the Official Plan policies as it would permit construction of a dwelling on a narrow lot frontage which would be out of character with the existing community fabric dominated by spacious, well treed lots. The owners have now appealed the Committee=s decision, however, a hearing has not yet been scheduled by the Ontario Municipal Board.

(2)Variance SA49/98 - Chris Pavlakis

866 Milner Avenue

Part of Lot 17, Registered Plan M-2249

Rouge Employment District

Scarborough Malvern

The owner has appealed the April 22, 1998 decision of the Committee of Adjustment which refused a variance to permit a 205 square metre (2,200 square feet) showroom and retail sales outlet ancillary to the warehouse operation for a period of five years, whereas the Zoning By-law permits retail sales ancillary only to assembling, manufacturing, processing and recycling uses, to a maximum of 10 percent of the total gross floor area of an industrial unit. The Committee=s decision was supported by staff position (report attached).

At the meeting, Scarborough Malvern Councillor, Bas Balkissoon, spoke in opposition to the variance. A communication from F. Bruce Graham, Toronto Community and Economic Development Services, Scarborough Office, in support of the application, was received by the Committee. As the proposed variance does not maintain the intent and purpose of the Official Plan and Zoning By-law, the proposed use would be more appropriately dealt with by Council. No hearing date has yet been scheduled by the Ontario Municipal Board.

Contact Name:

Anna Czajkowski, MCIP, RPP.

Senior Planner, Community Planning Division

Telephone:(416)396-7022 Facsimile:(416)396-4265

E-mail:czajkows@scarborough.on.ca