Enforcement Matters concerning

210 Linsmore Crescent

The East York Community Council recommends as follows:

(1)that the following proposal by 1083558 Ontario Limited presented by Mr. Maniates, Architect and Mr. James Kaspiris to lower the roof by four feet to a flat roof be refused;

(2)that the deputations by Mr. Maniates and Mr. Kaspiris to the effect that they will not agree to a settlement based on a 1.14 metre reduction utilizing a sloped roof design as per the original approved building permit drawings be acknowledged;

(3)that in light of Clauses No. 1 and No. 2 of the aforementioned recommendations, the City Solicitor and the Chief Building Official be authorized to seek full compliance with the Order of Madame Justice Chapnik dated May 12, 1995, and to be enforced in accordance with the provisions of the Order of Mr. Justice Festeryga dated April21,1998, including the remedies set out in paragraph 4 thereof;

(4)that the following confidential report (July 16, 1998) from the City Solicitor, East York, be received:

(5)that the following communications be received: (July 9, 1998) and (July 16, 1998) from Mr. James Kaspiris, East York; (July 20, 1998) from Mr. Michael Tziretas, East York;

(July 21, 1998) from Mr. Robert Sacco, East York; (July 21, 1998) from Mr. Paraskevo Buczek, East York; (July 21, 1998) from Mr. Salvatore Fisicio and Ms. Jean Fisico, East York; (July 21, 1998) from Ms. Kay Gadakis, East York; (June 21, 1998) from Mr. Tim Cholvat, East York; and (July 20, 1998) from Ms. Lorna Krawchuk, East York:

(July 16, 1998) from Mr. Chuck Loopstra, Loopstra, Nixon and McLeish, Solicitors for East York, reporting confidentially with respect to the property located at 210 Linsmore Crescent.

The East York Community Council submits the following communication (July 9, 1998) from Mr. James Kaspiris, East York:

"I am President of 1083558 Ontario Limited, the owner of 210 Linsmore Crescent. Pursuant to the April 21, 1998 Order of the Honourable Mr. Justice Festeryga, I would ask that this matter be placed on the Local Community Council agenda to be spoken to on July 22, 1998.

Should you have any questions with respect to this matter, please feel free to call me at (416)466-1165.

I thank you in advance for your anticipated cooperation."

The East York Community Council also submits the following communication (July 16, 1998) from Mr. James Kaspiris, East York:

"I am hereby requesting that my written proposal be submitted to the East York Community Council to be added to the supplementary agenda for consideration on July 22, 1998 as requested by Mr.Loopstra's letter dated July 9, 1998."

The East York Community Council also submits the following communication (July 16, 1998) from Mr. James Kaspiris, East York:

"As per CM Loopstra's letter dated July 10, 1998, the following is the proposal that I submit for consideration to the East York Community Council:

To issue a Building Permit based on the existing plans submitted by Mr. Papapetrou in September1997 to the Building Department at the former Borough of East York Civic Centre. The said permit shall require a roof reduction, at 210 Linsmore Crescent, of 1.219 meters (4 feet) to a flat roof design - an increase of 0.079 meters (4") from the 1.14 meters (3'8") stated in the recent minutes of settlement and in the Papapetrou drawings in addition also we change the roof shingles to a light color.

Alternatively, if the above proposal to reduce the height is not accepted, then a monetary penalty be imposed in lieu of lowering the roof.

I believe that the above proposal is fair, and most certainly achieves the end-result that the City of Toronto (East York) is seeking.

I thank you in advance for your thoughtful consideration."

The East York Community Council also submits the following communication (July 20, 1998) from Mr. Michael Tziretas, East York;

"Please be advised that as a former member of East York Council having been part of the frustrating process to rectify this matter to the satisfaction of the former Borough of East York, I would encourage you to accept the proposal before you today that will lower the roof of the house by four feet - a reduction that exceeds the reduction (three feet, eight inches) agreed upon in the recent minutes of settlement - in order to bring closure to this ongoing and costly matter.

The objective, of course, is to lower the roof in accordance with the previous Council's understanding, the East York Committee of Adjustment decision, and the minutes of settlement from September 1997. Moreover, since the design of the (new) roof is regrettably, in my opinion beyond the authority of the City and its zoning by-laws, the focus should be on the physical reduction of the roof as per the minutes of settlement."

The East York Community Council also submits the following communication (July 21, 1998) from Mr. R. Sacco, East York:

"We, the undersigned residents of Linsmore Crescent, support Mr. James Kaspiris, the owner of 210 Linsmore Cres., in his request to leave the roof of the house as it is, and pay some sort of penalty instead.

If the Council cannot accept the above proposal, than we support Mr. Kaspiris' alternative proposal to reduce the existing to a flat roof by 4' - 0", and change the colour of shingle colour of the roof which remains."

The East York Community Council also submits the following communication (July 21, 1998) from Mr. Paraskevo Buczek, East York:

"We, the undersigned residents of Linsmore Crescent, support Mr. James Kaspiris, the owner of 210 Linsmore Cres., in his request to leave the roof of the house as it is, and pay some sort of penalty instead.

If the Council cannot accept the above proposal, than we support Mr. Kaspiris' alternative proposal to reduce the existing to flat roof by 4' - 0", and change the colour of shingle colour of the roof which remains."

The East York Community Council also submits the following communication (July 21, 1998) from Ms. Jean Fisico and Mr. Salvatore Fisico, East York:

"We, the undersigned residents of Linsmore Crescent, support Mr. James Kaspiris, the owner of 210 Linsmore Cres., in his request to leave the roof of the house as it is, and pay some sort of penalty instead.

If the Council cannot accept the above proposal, than we support Mr. Kaspiris' alternative proposal to reduce the existing to a flat roof by 4' - 0", and change the colour of shingle colour of the roof which remains.

Please do not cause this street more aggravation having to put up with construction, and a future of looking at a eyesore with a flat roof, just for the sake of a few people on the street who have turned a mistake into a personal vendetta of hate and malicious, vindictive behaviour, for which we will have to pay for, for the rest of our life. Life is too short to carry such a burden of selfishness. Please leave these people alone and lets get on with our lives."

The East York Community Council also submits the following communication (July 21, 1998) from Ms. Kay Gadakis, East York:

"We, the undersigned residents of Linsmore Crescent, support Mr. James Kaspiris, the owner of 210 Linsmore Cres., in his request to leave the roof of the house as it is, and pay some sort of penalty instead.

If the Council cannot accept the above proposal, than we support Mr. Kaspiris' alternative proposal to reduce the existing roof by 4' - 0", and change the colour of shingle colour of the roof which remains."

The East York Community Council also submits the following communication (June 21, 1998) from Mr. Tim Cholvat, East York:

"This is to encourage you to support the order of Madame Justice Chapnik.

As you know, this issue has been addressed several times by East York Council, East York Committee of Adjustment and the Courts of the Province of Ontario over the past years.

During this time the owners have continually frustrated the process and have shown general contempt for the institutions in place to manage building and development within East York and the Province of Ontario.

As an East York Councillor I had to consider this issue on a few occasions. The first time I thought that we could find a middle ground. An agreement was in place to remove a major portion of the roofline that seemed to satisfy all parties. In my opinion, the homeowner did not live up to his end of the agreement.

As we progressed through the various times that I considered this issue, I came to conclusion that there is no middle ground.

You will hear arguments from the homeowner about fairness of process. You will hear arguments about financial impact. You will hear arguments about the impact on the architectural style.

I encourage you to consider fairness of process by reflecting back on the number of times the homeowner has been given a bit of leeway. Every time he has thumbed his nose at the process.

I encourage you to consider the financial aspects by reflecting on the amount of money that the homeowner has spent pursuing this matter through the Municipal government and the Ontario Courts. If financial consideration was truly an issue then the homeowner would have been more prudent to settle this years ago.

I encourage you to consider the architectural style arguments by reflecting on the impact on the street today. I think you should be considering how the house fits in with its neighbours more than whether the house looks poor with a flat roof.

This is a time that our elected officials take a stand against abuse of process and do the right thing.

Support the previous position of Madame Justice Chapnick. Don't go down the road of trying to find a middle ground solution. This has gone on long enough."

The East York Community Council also submits the following communication (July 20, 1998) from Ms. Lorna Krawchuk, East York:

"I understand that the issue of the height of this residence is an issue before this Council once again, and that there is a proposal before you involving a flat roof and no substantial decrease in the building height.

After the long history of this project with various Councils of the former Borough of East York, I would urge you to listen to the wishes of the neighbours on Linsmore Crescent, including former Councillor Paul Robinson, and to insist on a substantial lowering of the building."

Mr. Denny Maniates submitted for the consideration of the East York Community Council sketches depicting the design in accordance with the Order of Madame Justice Chapnik; the design in accordance with the Minutes of Settlement; and the recent design proposal put forward by Mr. Kaspiris.

The following persons appeared before the East York Community Council in connection with the foregoing:

-Mr. Denny Maniates, East York;

-Mr. James Kaspiris, East York;

-Mrs. Doumouras, East York;

-Mr. Paul Robinson, East York;

-Mr. Brian Barron, President, Ward 2 Property Owners Association of East York, East York; and

-Mr. John Papadakis, East York.