Appeal of Committee of Adjustment Decisions
Ward 28, York Eglinton
The York Community Council recommends the adoption of the following report
(September2,1998) from the Director, Community Planning, West District:
Purpose:
To provide information on appeals of Committee of Adjustment decisions which have been
appealed to the Ontario Municipal Board and to recommend whether or not legal and staff
representation is warranted.
Funding Sources, Financial Implications and Impact Statement:
There will be financial costs associated with the appeal recommended for legal and staff
representation.
Recommendation:
It is recommended that:
(1)legal and staff representation be provided for the appeal regarding application
No.CA-98-199, 168 Locksley Avenue; and
(2)legal and staff representation not be provided for the appeal regarding application
No.CA-98-200, 72 Branstone Road.
Comment:
The applications and appeals are summarized as follows:
(i)Address:168 Locksley Avenue (Ward 28: York Eglinton)
Applicant:Sylia Smart-James
Appellant:Sylia Smart-James
Hearing Date:To be determined by the OMB
Application:CA-98-199. The applicant proposes to construct a partial second storey addition
over the front one storey portion of an existing detached dwelling containing an
apartment-in-house. (See Appendix A and B attached). Requested variances are:
By-law Plans
minimum front yard setback1 m less than established2.88 m
minimum side yard width1.2 m0.98 m (south)
no. of parking spaces21
Committee of Adjustment Decision:(July 7, 1998) Granted with conditions requiring a
second parking space to be provided in the rear yard and be delineated on a revised site plan;
the asphalt portion of the boulevard to be reinstated to grass; the owner applying to the City
for an encroachment agreement for the brick wall within the road allowances; and, the
owner applying for a fence permit and making necessary revisions to the existing 1.5 metre
high board fence in the boulevard.
Staff Recommendation:The Planning Division recommended to the Committee that a
second parking space in the rear yard be delineated on a revised site plan to the satisfaction
of the Chief Building Official prior to issuance of a building permit. This condition was
recommended to address the illegal unlicensed parking of two vehicles on a widened portion
of the existing driveway within the Ridelle Avenue boulevard. Opportunity and space is
available to provide an additional parking space beside the existing parking space on-site, in
the rear yard, as opposed to licensing and continuing the boulevard parking. Legal and staff
representation is recommended.
(ii)Address:72 Branstone Road (Ward 28: York Eglinton)
Applicant:Jose Franco
Appellant:A and M. Cattelan (70 Branstone Road)
Hearing Date:To be determined by the OMB
Application:CA-200-98 The applicant proposes to construct a new two storey detached
dwelling. (See Appendix C and D attached). Requested variances are:
By-law Plans
minimum lot frontage8 m7.62 m
minimum side yard width1.2 m0.76 m (south)
0.5 m0.45 m (north)
Committee of Adjustment Decision:(July 7, 1998) Granted.
Staff Recommendation:The Planning Division did not comment to Committee on the
application. Legal and staff representation is not recommended.
Conclusions:
The subject appeals were reviewed by staff who are of the opinion that item (I) involves
substantive planning issues; therefore, legal and staff representation at the Ontario
Municipal Board is warranted.
Item (ii) does not involve substantive planning issues. Legal and staff representation at the
Ontario Municipal Board is not warranted for this appeal.
Contact Name:
L. Moretto
Director, Development Review
York Civic Service Centre
Tel: 394-2617
Fax: 394-2782
(Copies of Appendices A to D referred to in the foregoing report, were forwarded to all
Members of Council with the agenda of the York Community Council meeting of
September 16, 1998 and copies thereof are on file in the Clerk's Department, York Civic
Centre.)