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August 30, 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 legal and staff representation not be provided for the appeals regarding 48 Reid Manor, 51 & 53 Evans Avenue, and 158 Hay Avenue.

Comments:

The application and appeals are summarized as follows:

i)Address: 48 Reid Manor

Ward:Lakeshore - Queensway

Application No.A-148/99ET

Applicant:Brendan and Faye Murphy

Appellants:Halina and William Gonos

Hearing Date:To be determined by the OMB

Application:The property is occupied by a one-storey single family detached dwelling with an attached one-car garage. The existing building is located 1.2 m (4 ft) from the north side lot line. The applicant proposed to legalize and maintain an existing air conditioner that is located 0.45 m (1.5 ft) from the north side lot line. The Etobicoke Zoning Code requires air conditioning equipment to be located 1.5 m (5 ft) from a side yard lot line.

Decision of Committee of Adjustment: Approved

Comments:Staff have reviewed the file and have not identified a planning issue that would warrant legal representation.

ii)Address: 51 & 53 Evans Avenue

Ward:Lakeshore - Queensway

Application Nos.A-207/99ET & A208/99ET

Applicant:Arthur Louie and Frank Spudic

Appellants:Arthur Louie and Frank Spudic

Hearing Date:To be determined by the OMB

Application:The properties consist of a pair of semi-detached dwellings with attached one-car garages. The front yards of the properties have been paved over, with no landscaped open space provided. The applicants are seeking to legalize and maintain the existing driveway width of 7.62 m, instead of the 6.0 m width required by the Etobicoke Zoning Code.

Decision of Committee of Adjustment: Refused

Comments:Staff note that the existing front yard situation is a long standing condition, and that the Committee refused the variances. Staff feel that representation in support of the decision is not warranted in this instance.

iii)Address: 158 Hay Avenue

Ward:Lakeshore - Queensway

Application Nos.B-25/99ET, A-210/99ET & A-211/99ET

Applicant:535244 Ontario Limited

Appellants:535244 Ontario Limited

Hearing Date:To be determined by the OMB

Application:The vacant property has a frontage of 15.24 m, an area of 715 m2 and is zoned Second Density Residential (R2). The applicant is proposing to sever the property into two lots, each of which would be developed with a single-detached dwelling, with an attached one-car garage. The proposed lots would have a frontage of 7.62 m and lot areas of 357.6 m2. In addition to the severance, the applicants are seeking variances for reduced frontage and lot area, maximum dwelling depth (19.34 m in-lieu-of 16.5 m) and garage width (2.8 m in-lieu-of 3 m).

Decision of Committee of Adjustment: Refused

Comments:A review of the assessment map indicates that there are other properties on Hay Avenue, in the vicinity of the subject site, which have been developed with similar lot frontages and a reduced lot area. In view of the foregoing, and the Committee's decision to refuse the application, legal representation is not warranted.

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

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