Appeal of Committee of Adjustment Decision

Shell Station, 1586 Bathurst Street - New Gas Bar

and Sales Kiosk - Ward 28, York Eglinton

The York Community Council recommends that:

(1)the City Solicitor be authorized to:

(a)attend the Ontario Municipal Board hearing in support of the residents' appeal of the above application;

(b)retain external Planners to represent the appellants at the OMB hearing; and

(2)the Treasurer be requested to report directly to Council identifying an appropriate account to which the costs associated with this appeal can be charged.

The York Community Council submits the following report (October 26, 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.

Financial Sources, Financial Implications and Impact Statement:

There will be no financial costs associated with the appeal.

Recommendations:

It is recommended that:

(1)Legal and staff representation not be provided for the appeal regarding application No. CA-98-212, 1586 Bathurst Street.

Comment:

The application and appeal is summarized as follows:

(I) Address: 1586 Bathurst Street (Ward 28: York Eglinton)

Applicant:Walker, Nott, Dragicevic Associates Limited

(Robert A. Dragicevic)

Appellants:Howard Katz, 625 Lonsdale Road

Frank R. Fischer, 629A Lonsdale Road

Hearing Date:To be determined by the OMB

Application:CA-98-212. The applicant proposes to construct a new Gas Bar and Sales Kiosk with an area of 131 m² (1410 sq. ft.) (See Appendix A and B attached).

Requested variances are:

Existing By-lawProposed Plans

maximum gross floor area45 m² (484. sq. ft.)131 m² (1410. sq. ft.)

minimum front yard setback24 m (79. ft.)20.7 m (68 ft.)

maximum height3.7 m (12. ft.)4.15 m (14 ft.)

illumination on canopyno illuminationcanopy illuminated

on west face, west half

of north face, and west

3/4 of south face

location of garbage storage room:rear of kiosksouthwest corner of kiosk

Committee of Adjustment Decision:(Sept. 28, 1998) Granted with conditions requiring:

(I) hours of operation be restricted as follows:

Gas bar: 24 hour service seven days per or less

Retail Store:5.30 a.m. to midnight, seven days per week or less

Pay-Window for retail store items: midnight to 5:30 a.m.

(ii)no food preparation undertaken on the premises;

(iii)no commercial kitchen located on the site;

(iv)no customer seating installed or available; and

(v)applicant to enter into a Site Plan Agreement to satisfaction of Urban Planning and Development Services.

Staff Comment:The Planning Department had no objections and recommended conditions (ii), (iii), and (iv) noted above and also that the applicant apply for Site Plan Approval to address lighting and landscaping.

Conclusions:

The subject appeal was reviewed by staff who did not object to the application. Legal and staff representation at the Ontario Municipal Board are therefore not warranted for this appeal.

Notwithstanding the staff recommendation, it is noted that Community Council considered a memorandum from Councillor Mihevc sent to the Committee of Adjustment which requested that the application be deferred to allow area Councillors to meet with local residents and Shell Officials, to examine legal means to regulate hours of operation, and to examine the by-laws related to signage and lighting. Community Council deferred the matter to its next meeting on November 12, 1998.

Contact Name:

Lou Moretto

Manager, Community Planning - West District

York Civic Centre

Tel: 394-2607Fax: 394-2782

The York Community Council reports also having before it during consideration of the foregoing matter, the following communications:

(i)(November 4, 1998) from Councillor Joe Mihevc advising that the local residents are objecting to the subject application; and requesting the Community Council's support to send outside planners to the Ontario Municipal Board Hearing to oppose the application and to request a more appropriate development for the site;

(ii)(September 21, 1998)from Councillors Mihevc on behalf of Councillors Adams, Bossons and Davis, petitioning the Committee of Adjustment to defer this application to allow an opportunity to:

-meet with the local area residents and with Shell officials;

-specifically examine the legal means by which the City can regulate the hours of operation of the Shell Station and Kiosk; and

-examine by-laws related to signage and lighting.

(Copies of the aforementioned Appendix A: Location Map for 1586 Bathurst Street, and

Appendix B: Site Plan for 1586 Bathurst Street were forwarded to all Members of Council with the agenda of the York Community Council meeting of November 12, 1998 and copies thereof are on file in the Clerk's Department, York Civic Centre.)