January 5, 1999
To:Chair and Members of Etobicoke Community Council
From:Karen Bricker, Director, Community Planning, West District
Subject:Appeal of Committee of Adjustment Decisions
Purpose:
To advise Toronto Council of Committee of Adjustment Decisions which have been appealed to the Ontario Municipal
Board and to recommend whether legal and staff representation is warranted.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications.
Recommendation:
It is recommended that legal and staff representation be provided for the appeal regarding Application No. A-290/98ET,
830 Burnhamthorpe Road, and not be provided for the appeals regarding Application Nos. B-52/98ET, A-317/98ET, and
A-318/98ET, 64 Twenty Ninth Street and the appeal regarding Application Nos.B-25/98ET, A-186/98ET and A-187/98ET,
16 &18 Racine Road.
Comments:
The applications and appeals are summarized as follows:
i)Address: 830 Burnhamthorpe Road
Applicant:Petro Canada
Appellant:Petro Canada
Hearing Date:To be determined by the OMB
Application:To permit the redevelopment of an existing gasoline service station with a gas bar/convenience store building
containing 142 m2 (1,529 sq.ft.) of floor area devoted to the retail sale of convenience store items including fast food
products. Proposed variances to Sections 320-21I(1), 320-21I(2), and 320-79C(1) of the Zoning Code relate to the sale of
convenience items, the size of retail display area and the rear yard setback. A community meeting regarding the application
was held on October 28, 1998. Approximately 300 residents attended and expressed concerns regarding the convenience
store use, 24 hour operation, safety and security, and the loss of service bays.
Decision of Committee of Adjustment:Refused.
Comments:Staff note that the site is subject to site specific zoning by-law 12,299 which restricts the use of the property to
a service station only. Staff are of the opinion that the proposed project should be subject to a Zoning Amendment
application similar to five other recent projects involving the redevelopment of service station sites with an expanded range
of uses. Therefore, legal and staff representation is warranted to uphold the Committee's decision.
ii)Address:66 Twenty Ninth Street
Applicant:1242065 Ontario Inc.
Appellant:1242065 Ontario Inc. and Alexander Walker
Hearing Date:To be determined by the OMB
Application:To sever a corner lot in the former Village of Long Branch into two lots to be occupied by an existing
bungalow and a new two-storey, single detached dwelling. Proposed variances to Sections 330-23A.(1), 330-23A.(2),
330-23A.(9), and 330-9 relate to the size and frontage of the proposed lots, the size of the new dwelling, and its parking pad
driveway. The proposed lots of 291.7 m2 (3,140 sq.ft.) in area are less than the 371 m2 (3,994 sq.ft.) required, and with a
frontage of 7.62 m (25 ft.) are narrower than the 12 m (39.4 ft.) minimum. The new dwelling would have a floor area of
132.7 m2 (1,428 sq.ft.) and floor space index of 0.45, while the maximums are 102.1 m2 (1,098 sq.ft.) and 0.35,
respectively. Technically, a 6 m (20 ft.) wide driveway is required in front of the parking pad which is 1.5 m (5 ft.) from the
adjacent street allowance.
Decision of the Committee of Adjustment:Approved severance and variances for lot area and frontage. Refused variances
for the floor space index of the new dwelling and the parking pad driveway.
Comments:Several other existing residential lots and dwellings in the neighbourhood are similar in scale to the application.
Transportation Planning staff have no objection to the driveway access to the proposed parking pad. Planning staff note that
the applicant has appealed the variances refused by the Committee of Adjustment while a neighbour in opposition has
appealed the severance and variances approved by the Committee.
iii)Address:16 & 18 Racine Road
Applicant:425124 Ontario Ltd. & 426228 Ontario Ltd.
Appellant:425124 Ontario Ltd. & 426228 Ontario Ltd.
Hearing Date:To be determined by the OMB
Application:To sever the pair of attached , one-storey, industrial buildings and vary sideyard setback, parking space and
landscaping requirements on the retained lot, and sideyard setback requirements on the conveyed lot.
Decision of Committee of Adjustment: Refused.
Comments:The Committee of Adjustment had given an adjournment to allow the applicants time to clean up the site of
derilict vehicles, parts and debris. That clean up did not take place.Though the property maintenance issue on this site is
serious, there are not substantive planning issues, therefore legal and staff representation is not warranted.
Conclusion:
Staff are of the opinion that the appeal regarding 830 Burnhamthorpe Road involves substantive planning issues; therefore,
legal and staff representation at the Ontario Municipal Board is warranted.
As the appeals for 64 Twenty Ninth Street and 16 & 18 Racine Road do not involve substantive planning issues, legal and
staff representation at the Ontario Municipal Board is not warranted.
Contact Name:
Allen Appleby, Manager Tel: (416)394-8216
David Oikawa, ManagerTel: (416)394-8219
Community Planning, West DistrictFax: (416)394-6063
Karen V. Bricker, MCIP
Director, Community Planning
West District
