June 9, 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 Etobicoke Community 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:

(1)Legal and staff representation be provided for the appeals regarding, 98 Meadowbank Road and 12 Kinsdale Boulevard, and;

(2)Legal and staff representation not be provided for the appeals regarding 31 Old Oak Road and 3725 Lake Shore Boulevard West.

Comments:

The application and appeal is summarized as follows:

i)Address: 98 Meadowbank Road

Ward:Markland-Centennial

Application No.A-83/99ET

Applicant:Victor Wroblewski

Appellant:Victor Wroblewski

Hearing Date:To be determined by the OMB

Application:The property is currently occupied by an existing single family detached dwelling and detached garage. The applicant proposes to demolish the existing structures and construct a new two-storey single family detached dwelling with an attached three car garage.

Decision of Committee of Adjustment: Refused

Comments:The variances sought relate to reduced front yard setback (Zoning Code requires 12 m, applicant proposes 9.3 m), side yard setbacks (Zoning Code requires an aggregate of 4.45 m, applicant proposes 3.66 m), increased building height (Zoning Code permits 9.5 m, applicant proposes 10.45 m) and three car garage on a lot whose frontage is insufficient (Zoning Code requires a lot frontage of 27 m, site is 22.25 m). Staff have reviewed the requested variances with respect to the Zoning Code requirements which have not been adequately addressed by the proposal. Legal and staff representation should therefore be provided for the hearing.

ii)Address: 12 Kinsdale Boulevard

Ward:Lakeshore-Queensway

Application No.A-98/99ET

Applicant:Jason Daniel Grenke and Charmine Deborah Grenke

Appellant:Jason Daniel Grenke and Charmine Deborah Grenke

Hearing Date:To be determined by the OMB

Application:The subject lands are occupied by a 3-storey, 16-unit apartment building. The applicant proposes to convert the existing indoor parking spaces into habitable space for the purposes of creating a one-bedroom and two-bedroom dwelling unit for a total of 18 units. A total of 24 Zoning Code parking spaces are required, 9 of which are to be within the building. The applicant will provide a total of 23 on-site parking spaces, only two of which meet the requirements of the Zoning Code.

Decision of Committee of Adjustment: Refused

Comments:Staff have reviewed the requested variances with respect to the Zoning Code requirements for minimum lot area per dwelling unit and required landscaped area, both of which have not been adequately addressed by the proposal. The location of the proposed units at the rear of the building also raises some safety concerns. Legal and staff representation should therefore be provided for the hearing.

iii)Address: 31 Old Oak Road

Ward:Kingsway-Humber

Application No.A-72/99ET

Applicant:Vera S. Dayneka

Appellant:Chris Hornsby

Hearing Date:To be determined by the OMB

Application:To permit the construction of a one-storey porch addition which will have a reduced front yard setback of 5.95 m (20 ft). The Zoning Code requires a minimum front yard setback of 7.93 m (26 ft).

Decision of Committee of Adjustment: Approved

Comments:This property was the subject of a previous Committee of Adjustment application for a larger front porch addition which was refused by the Committee. The current application has been revised and the depth of the porch has been decreased. The variance was granted by the Committee of Adjustment and the abutting neighbour to the west has appealed. Staff have not identified a significant planning issue that would warrant legal representation.

iv)Address: 3725 Lake Shore Boulevard West

Ward:Lakeshore-Queensway

Application No.A-118/99ET

Applicant:Sam Sgro

Appellant:Sam Sgro

Hearing Date:To be determined by the OMB

Application:The property is located on the south side of Lake Shore Boulevard West, at 38th Street and is occupied by a one storey, public garage. The applicant is seeking permission to continue to sell used cars for a period of five years from the public garage. Section 330-39L of the Etobicoke Zoning Code only permits the sale of used cars in conjunction with new car sales.

Decision of Committee of Adjustment: Refused

Comments:The variances identified only relate to the use of the existing public garage for the sale of used vehicles, for a period of five years. Planning staff have not identified a significant planning issue in conjunction with the variance request. Although Transportation staff had identified a parking issue in their comments to the Committee, they did not feel that legal representation was warranted.

Conclusion:

The appeals regarding 98 Meadowbank Road and 12 Kinsdale Boulevard involve substantive planning issues and warrant legal and staff representation. The appeals regarding 31 Old Oak Road and 3725 Lake Shore Boulevard West do not involve substantive planning issues. Legal and staff representation at the Ontario Municipal Board is not warranted for these appeals.

Contact Name:

Richard Kendall, Principal PlannerTel: (416) 394-8227

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

Karen V. Bricker, MCIP

Director of Community Planning

West District