Minor Variance Appeal - A311/97
Narinderpal and Harbans Bhattal, 573 Meadowvale Road
Ward 16 - Scarborough Highland Creek
The Scarborough Community Council recommends the adoption of the following report (August 18, 1998) from the
Director, Community Planning, East District:
Purpose:
This report seeks direction from City Council as to the City Solicitor's role at a pending Ontario Municipal Board hearing
on a current appeal, as further detailed below.
Recommendation:
It is recommended that City Council direct the City Solicitor to attend the Ontario Municipal Board hearing in support of
the Committee of Adjustment's decision with respect to Minor Variance Application A311/97.
Comments:
Variance Application - A311/97
Narinderpal and Harbans Bhattal, 573 Meadowvale Road
Lot 2, Registered Plan 3499
Highland Creek
Ward 16 - Scarborough Highland Creek
Nurun Nabi, on behalf of Narinderpal and Harbans Bhattal, has 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 Number 10827, as amended,
to permit the existing dwelling to remain on Part 2 as shown on Figure 2 having a minimum rear yard setback of 6 metres
(19.68 feet) whereas the Zoning By-law requires a minimum rear yard setback of 7.5 metres (25 feet).
By way of background, the original application submitted on November 25, 1997 proposed four single family lots.
However, as the proposal did not conform to the minimum lot area requirement of the Highland Creek Secondary Plan and
the Zoning By-law, the applicant subsequently revised the proposal to provide for three lots and once again on June 8, 1998
revised the application, to its present form.
The owners have appealed the June 10, 1998 decision of the Committee of Adjustment which refused the requested minor
variance application (attached is a copy of the Committee of Adjustment report and decision).
The owner has also submitted a consent application in support of the minor variance application. The consent application
proposes to divide the property into two lots, as follows:
(1)Part 1 would have a lot frontage of approximately 14 metres (46 feet) and a lot area of approximately 464.8 m² (5,004
square feet); and
(2)Part 2 would have a lot frontage of approximately 42.1 metres (138 feet) and a lot area of approximately 1,288 m²
(13,865 square feet); the existing dwelling is to remain, however, the existing garage is to be demolished.
On August 14, 1998, the former Commissioner of Planning and Buildings, Scarborough, refused the consent application
(attached is a copy of the decision).
The owner will likely appeal the consent application, as he has appealed the minor variance application.
This proposal does not maintain the overall objectives of the Official Plan as the proposed minor variance and consent
would not maintain the existing character of the neighbourhood, nor does it provide for the orderly development of this
land, is considered premature and is not in the interest of the public. Therefore, the City Solicitor should be directed to
attend the Ontario Municipal Board Hearing in support of the Committee's decision regarding this variance.
Contact Name:
Victor Gottwald, Acting Senior Planner
Community Planning Division
Phone: (416) 396-5004
Fax: (416) 396-4265
E-mail: gottwald@city.scarborough.on.ca