Request for Direction, Minor Variance Appeal - A252/97

Andre Adams, 128 Scarboro Avenue

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council recommends that City Council:

(1)strike out the recommendation contained in the following report; and

(2)direct the City Solicitor to attend any Ontario Municipal Board hearing with respect to Minor Variance Application A252/97.

The Scarborough Community Council submits the following report (September 18, 1998) from the Director of Community Planning, East District:

Purpose:

This report seeks direction from Council as to the City Solicitor's role at the pending Ontario Municipal Board hearing on a current appeal, as further detailed below.

Recommendation:

It is recommended that City Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Application A252/97.

Comments:

Chris T. Fairhead on behalf on Andre Adams 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 No. 10827, as amended, to permit two single-family dwelling lots to each have a minimum lot area of 491 m² (5,289 square feet), whereas the Zoning By-law requires single family dwelling lots to have a minimum lot area of 696 m² (7,500 square feet).

The owner has appealed the July 15, 1998 decision of the Committee of Adjustment which refused a minor variance to permit two single-family dwelling lots each having a minimum lot area of 491m² (5,289 square feet) whereas the Zoning By-law requires single-family dwelling lots to have a minimum lot area of 696 m² (7,500 square feet).

The owner also submitted a consent application in support of the minor variance application. The consent application proposes to divide the property into two lots:

(1)Part 1, the parcel to be conveyed would have a frontage of approximately 16 metres (53 feet) and a lot area of approximately 520 m² (5,598 square feet); and

(2)Part 2, the parcel to be retained would have a frontage of approximately 15.2 metres (50 feet) and a lot area of approximately 491 m² (5,289 square feet).

On August 10, 1998, the Commissioner of Planning and Buildings refused the application (attached is a copy of the decision).

The owner has appealed the consent application.

The appeal raises no issues of significant concerns to the Corporation to warrant expenditure of the City's limited resources on a Board Hearing.

Contact Name:

Theo Lawrence, Planner

Scarborough Civic Centre

Telephone: (416) 396-7038

Fax: (416) 396-4265

E-mail: lawren_t@scarborough.on.ca