June 29, 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 not be provided for the appeal regarding 1225 Royal York Road.
(2) Legal and staff representation be provided for the appeal regarding 36 White Oak Boulevard.
Comments:
The applications and appeals are summarized as follows:
i)Address: 1225 Royal York Road
Ward:Kingsway - Humber
Application No.A-102/99ET
Applicant:Susan and Arnaldo Rodrigues
Appellants:R. Brugnerotto, B. King and A. Maziarczyk
Hearing Date:To be determined by the OMB
Application:The property is located on the east side of Royal York Road and is occupied by a one-storey and partial
two-storey detached dwelling. The north side yard lot line abuts the rear yard of four properties which front on Colwood
Road.
The applicant is seeking permission to construct a second storey addition over the rear one-storey portion of the dwelling.
The existing and proposed dwelling depth would be 23.25 m (76 ft.). The Zoning Code permits a maximum dwelling depth
of 16.5 m (54 ft) measured from the required front yard.
Decision of Committee of Adjustment: Approved
Comments:The second storey addition is proposed over the existing one-storey portion of the building and no significant
impacts have been identified. Staff have not identified a planning issue that would warrant legal representation.
ii)Address: 36 White Oak Boulevard
Ward:Kingsway-Humber
Application No.A-111/99ET
Applicant:Mark Howard and Janet Ann Gillespie
Appellant:Allan and Georgea Waffle
Hearing Date:To be determined by the OMB
Application:The property is currently occupied by an existing single family detached dwelling and detached two-car
garage. The applicant proposes to demolish the existing detached garage and construct a new two-car detached garage and
construct a rear two-storey addition onto the existing dwelling.
Decision of Committee of Adjustment: Approved
Comments:The variances relate to the maximum gross floor area (Zoning Code permits 245.7 m2, applicant proposes
307.5 m2), side yard setbacks (Zoning Code requires 0.9 m, applicant proposes 0.45 m), side yard setback for minor
projections (Zoning Code requires 0.4 m, applicant proposes 0 m), and reduced side yard setbacks for the detached garage
(Zoning Code requires 0.4 m for the structure and 0.15 m for minor projections, applicant proposes 0.3 m and 0 m
respectively). Given the new construction involved, staff advised the Committee of Adjustment that the application should
be revised to be more in accordance with Zoning Code requirements. Legal and staff representation should therefore be
provided for the hearing.
Conclusion:
The appeals regarding 36 White Oak Boulevard involve substantive planning issues and warrants legal and staff
representation. The appeal regarding 1225 Royal York Road does not involve substantive planning issues, and does not
warrant legal and staff representation at the Ontario Municipal Board.
Contact Name:
Allen Appleby, ManagerTel: (416) 394-8216
Community Planning, West DistrictFax: (416) 394-6063
Karen V. Bricker, MCIP
Director of Community Planning
West District
/pz/ps/nt
h:\spa1\coa\appealrpt\1999\July15
