Ontario Municipal Board Appeal -

14 Boon Avenue (Davenport)

The Toronto Community Council recommends the adoption of the following motion by Councillor Fotinos:

"AWHEREAS the Commissioner of Urban Planning and Development Services, in a report dated October 13, 1998, has advised that City planning staff can provide planning evidence at the Ontario Municipal Board in support of a Committee of Adjustment decision dated June 30, 1998, refusing minor variances for 14 Boon Avenue; and

WHEREAS an Ontario Municipal Board Hearing date has been scheduled for November 12, 1998;

THEREFORE BE IT RESOLVED THAT City Council direct the City Solicitor and the Commissioner of Urban Planning and Development Services to appear before the Ontario Municipal Board in support of the Committee of Adjustment decision respecting 14 Boon Avenue."

The Toronto Community Council submits the following report (October 13, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To advise that City planning staff would be able to provide evidence in support of the Committee of Adjustment=s refusal of minor variances for 14 Boon Avenue, should City Council direct the City Solicitor to appear before the Ontario Municipal Board.

Source of Funds:

Not Applicable

Recommendation:

That this report be received for information.

Comments:

Councillor Fotinos is forwarding a motion to the Toronto Community Council requesting legal and planning assistance to uphold a Committee of Adjustment decision to refuse a minor variance application for 14 Boon Avenue. An Ontario Municipal Board hearing is scheduled for November 12, 1998.

In its decision dated June 30, 1998, the Committee of Adjustment refused variances with respect to gross floor area, front and side yard setbacks and building depth which, if allowed, would permit the applicant to maintain a one-storey addition at the front of a converted house. The subject site is located in a Low Density Residence Area and is zoned R2 Z0.6.

Planning staff have reviewed the application and conducted a site visit subsequent to the Committee of Adjustment hearing and concur with their decision to refuse the application as the proposal is not in keeping with the general intent and purpose of the setback provisions of the Zoning By-law and would result in an undesirable development in terms of adverse impacts on streetscape and abutting property owners. Therefore, planning staff would be able to provide evidence in support of the Committee=s decision should Council direct the City Solicitor to appear before the Ontario Municipal Board.

Contact Name:

Michael Major

Telephone: (416) 392-0760

Fax: (416) 392-1330

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

The Toronto Community Council also submits the communication (October 1, 1998) from Councillor Fotinos:

I am writing to request permission from Council to obtain planning and legal assistance to uphold the decision of the Committee of Adjustment on June 30, 1998.

The structure erected in front of this home is uncharacteristic of the neighborhood.

The surrounding residents are quite upset and paid to have legal representation at the Committee of Adjustment. They would like some assistance for the OMB hearing.

Thank you.