43 Turner Road - Committee of Adjustment

(Davenport)

 The Toronto Community Council recommends that:

(1)the City Solicitor be instructed to attend the Ontario Municipal Board Hearing on August 24, 1998 in support of the decision of the Committee of Adjustment respecting 43 Turner Road; and

 (2)subject to the idenfication of an appropriate source of funds which will be the subject of a further report to Council, the City Solicitor be authorized to retain an outside planner.

  The Toronto Community Council submits the following report (July 22, 1998) from the Commissioner of Urban Planning and Development Services:

 Purpose:

 To advise on a Committee of Adjustment refusal of minor variances for 43 Turner Road and the possibility of providing planning evidence before an Ontario Municipal Board hearing on August 24, 1998.

Funding Sources, Financial Implications and Impact Statement:

 Should Council decide to authorize the City Solicitor to appear at the Ontario Municipal Board hearing on August 24, 1998, in support of the Committee of Adjustment decision, funds would be required for an outside consulting planner.

 Recommendation:

 That this report be received for information.

 Comments:

 Councillor Disero has forwarded a motion to the Toronto Community Council recommending that the City Solicitor attend an Ontario Municipal hearing in support of a Committee of Adjustment refusal regarding an application for 43 Turner Road and that an outside planning consultant be retained.

 In its decision dated May 6, 1998, the Committee of Adjustment refused an application for minor variances to permit the conversion of the attic space of a detached house at 43 Turner Road into habitable space and to construct three dormer additions. A minor variance application was required as the gross floor area of the dwelling, after conversion of the attic and dormer additions, exceeded the permitted gross floor area by 92.25 square metres. The attic conversion and dormers contain a combined gross floor area of 53.97 square metres. The owner has appealed the Committee of Adjustment decision to the Ontario Municipal Board. The hearing is scheduled for August 24, 1998.

 City Planning staff reviewed this application when it was before the Committee of Adjustment and did not object to the variance. City Planning staff would have difficulty providing planning evidence in support of the Committee of Adjustment decision.

 In the event that Council does not support the motion to retain an outside planning witness, City Planning staff would be able to meet with objecting residents to discuss their concerns and advise them of the Ontario Municipal Board process and what matters may be considered most relevant to the Ontario Municipal Board.

 Contact Name:

 Michael Major

City Planning Division, West Section

Telephone: (416) 392-0760

Fax: (416) 392-1330

E-Mail: mmajor@city.toronto.on.ca

 The Toronto Community Council submits the communication (July17, 1998) from Councillor Disero:

 WHEREAS the Committee of Adjustment on April 28, 1998 held a public hearing for 43 Turner Road.

 WHEREAS local residents appeared in opposition to the requested variance contending that the proposed density and dormers would not be in keeping with the character of the neighbourhood.

 WHEREAS the Committee of Adjustment on May 6, 1998, refused a minor variance for 43 Turner Road on the grounds that the density excess being requested would result in an overdevelopment of the property and, therefore, cannot be considered desirable, appropriate or within the general intent and purpose of the Zoning By-Law.

 WHEREAS the Ontario Municipal Board appointed Monday, the 24th day of August, 1998, at the hour of 10:00 o=clock in the forenoon, for the commencement of the hearing of this appeal.

 THEREFORE BE IT RESOLVED THAT the City Solicitor be authorized to attend the scheduled Ontario Municipal Board hearing in support of the Committee of Adjustment decision for 43 Turner Road and be further authorized to hire an outside planner.