11 Caesar Avenue

Appeal of Committee of Adjustment Decision

Ward 27, York Humber

The York Community Council recommends the adoption of the following report (December 4,1998) from the Director, Community Planning, West District:

Purpose:

To provide information on a Committee of Adjustment decision to grant consent approval for 11 Caesar Avenue and to recommend appeal of the decision and legal and staff representation at the Ontario Municipal Board .

Funding Sources, Financial Implications and Impact Statement:

An appeal fee of $125.00 is required. There will be no financial costs associated with legal and staff representation at the Ontario Municipal Board.

Recommendations:

It is recommended that:

(1)Council, on behalf of the City of Toronto, appeal the Committee of Adjustment decision relating to 11 Caesar Avenue (file CA-98-262) prior to December 23, 1998, with funding to be provided from the appropriate account ; and

(2)Legal and Planning staff be authorized to appear before the Ontario Municipal Board to defend the appeal.

Comment:

The application is summarized as follows:

Address:11 Caesar Avenue (Ward 27: York Humber)

Applicant:Ralph Griffo

Owner:City Quality Homes Ltd.

Hearing Date:To be determined by the OMB.

Application: CA-98-262. The purpose of the application is to sever the lands into two parcels with frontages of 6.095 metres each. The owner proposes to construct a pair of semi-detached dwellings. The development and associated severance does not comply with Interim Control By-law No. 884-1998 which was passed on November 27, 1998 and applies to an area within which the application site is located. (See Appendix A and B attached).

Committee of Adjustment

Decision:(December 1, 1998) Approved the application, subject to conditions relating to payment of a five percent levy in lieu of parkland dedication, obtaining a certificate of consent, applying to the City for curbs cuts for access to parking, and applying to the City for installation of new water and sewer services. The last day for filing an appeal of the Committee of Adjustment decision is December 28, 1998.

Staff Comment:

The Planning Division advised the Committee of Adjustment of the enactment of Interim Control By-law No. 884-1998 applying to the area, within which 11 Caesar Avenue is located. The Division further advised the Committee that the effect of the by-law is to prohibit the use of land or the construction or use of any building or structure, except for a detached house and accessory buildings, or uses subject to regulations as set out in the By-law, including a minimum lot frontage of 12 metres and a minimum lot area of 370 square metres. The Planning Division commented that the consent application was premature and did not comply with the zoning provisions of the Interim Control By-law and accordingly, suggested that the Committee refuse the application.

Conclusions:

The decision of the Committee of Adjustment was reviewed by staff who are of the opinion that the application is premature and the decision to grant consent approval does not comply with the Interim Control By-law provisions. Therefore, a City initiated appeal of the Committee's decision and authorization for legal and staff representation at the Ontario Municipal Board to oppose the decision is warranted.

Contact Name:

L. Moretto

Director, Development Review

York Civic Centre

Tel: 394-2617

Fax: 394-2782

(Copies of Appendix A: Location Map and Appendix B: Site Plan for 11 Caesar Avenue referred to in the foregoing communication, were forwarded to all Members of Council with the agenda of the York Community Council meeting of December 9, 1998, and copies thereof are on file in the Clerk's Department, York Civic Centre.)

The following persons appeared before the York Community Council in connection with the foregoing matter:

-Mr. Hillion, Solicitor for the owner of 11 Caesar Avenue; and

-Mr. John Kiru, Co-ordinator, Weston Business Improvement Area.