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March 17, 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-10/99ET, 64 King George's Road and that legal and staff representation not be provided for the appeals regarding Application No. A-19/99ET, 72 Dunedin Drive, and Application No. A-27/99ET, 68 Chauncey Avenue.

Comments:

The applications and appeals are summarized as follows:

I)Address: 64 King George's Road

Applicant:Philip and Kathryn Stafford

Appellant:Philip and Kathryn Stafford

Hearing Date:To be determined by the OMB

Application:Variances requested to the maximum permitted dwelling depth of 16.5 m (54 ft.) and gross floor area of 305 m2 (3,283 sq. ft.) to permit a second storey addition over an existing garage and a new two storey addition in the rear yard. The additions would generate a dwelling depth of 23 m (75 ft.) and a floor area of 371 m2 (3,994 sq. ft.).

Decision of Committee of Adjustment: Refused.

Comments:This property was previously the subject of a minor variance application which was approved by the Committee and appealed by an abutting neighbour. Staff had no concern with the variance and Council did not request legal and staff representation at that time. The current application generates additional floor area and impacts which would warrant legal and staff representation at the Ontario Municipal Board.

ii)Address:72 Dunedin Drive

Applicant:S. O'Neil and C. Leger

Appellants:R. And J. Pearse

Hearing Date:To be determined by the OMB

Application:Variances requested to increase the maximum permitted gross floor area from 244 m2 (2,626 sq. ft.) to 278 m2 (2,992 sq. ft), increase the maximum permitted coverage from 33 percent to 43 percent of the lot area, decrease the minimum aggregate width of side yards from 2.1 m (7 ft) to 1.6 m (5 ft.) and permit a front yard parking pad.

Decision of the Committee of Adjustment:Approved

Comments:This application was approved by the Committee of Adjustment and appealed by local residents; there are no planning interests which would warrant legal and staff representation in support of the Committee's decision.

iii)Address:68 Chauncey Avenue

Applicant:Giovanni Sabetti

Appellant:Giovanni Sabetti

Hearing Date:To be determined by the OMB

Application:Variance requested to permit a parking deficiency of three additional spaces due to the proposed expansion of a pizza delivery and take-out restaurant in an industrial area. A total of 23 parking spaces are required for the expanded restaurant, while 18 existing parking spaces would be provided. A previous minor variance for the existing restaurant permits a deficiency of two parking spaces.

Decision of Committee of Adjustment:Refused.

Comments:The proposed parking deficiency does not involve substantive issues. Therefore, legal and planning representation is not warranted.

Conclusion:

The appeal regarding 64 King George's Road involves substantive planning issues and warrants legal and staff representation. The appeal for 72 Dunedin Drive will be the subject of a full hearing before the Ontario Municipal Board and both the applicants and the appellants will participate. As the merits of this application will be considered by the Ontario Municipal Board, legal and staff representation at the Board is not warranted. The appeal regarding 68 Chauncey Avenue does not involve substantive issues and legal and staff representation at the Ontario Municipal Board hearing is not warranted.

Contact Name:

Allen Appleby, ManagerTel: (416)394-8216

Community Planning, West DistrictFax: (416)394-6063

Karen V. Bricker, MCIP

Director, Community Planning

West District

PZ/JMc/nt

 

   
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