STAFF REPORT
November 16, 1999
To: Etobicoke Community Council
From: Executive Director and Chief Planner
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.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendation:
It is recommended that staff representation not be provided for the appeals regarding 209 Berry Road, 46 Racine Road, 980
Islington Avenue and 540 Evans Avenue.
Background:
Four appeals of Committee of Adjustment decisions in the Etobicoke Community Council area relating to applications at
209 Berry Road, 46 Racine Road, 980 Islington Avenue and 540 Evans Avenue have been received from the Etobicoke
Committee of Adjustment.
Comments:
The applications and appeals are summarized as follows:
1) Address: 209 Berry Road
Ward: Lakeshore-Queensway
Application No.: A-267/99ET
Applicant: Irene Holowachuk
Appellant: Irene Holowachuk
Date of Appeal: October 29, 1999
Hearing Date: To be determined by the OMB
Zoning: Second Density Residential (R2).
Application: The property has a lot frontage of 15.24 m (50') and a lot area of 534.17 m2 (5,750 ft2). A one-storey detached
dwelling with an attached single car garage and an attached shed currently occupies the property. The applicant is
proposing to legalize and maintain the existing attached garage. The applicant requested the following two variances:
a) East side yard setback of .24 m to the attached shed whereas 0.9 m is required; and
b) East side yard setback of 0.13 m to the eaves overhang of the attached shed whereas 0.4 m is required.
Decision of Committee of Adjustment: Refused
Comments: Staff have not identified any significant planning issues and do not recommend Legal and Planning Staff
representation at the Ontario Municipal Board.
2) Address: 46 Racine Road
Ward: Rexdale-Thistletown
Application No.: A-266/99ET
Applicant: 1321311 Ontario Limited
Appellant: 1321311 Ontario Limited
Date of Appeal: November 2, 1999
Hearing Date: To be determined by the OMB
Zoning: Class 2 Industrial Zone (I.C2)
Application: The property at 46 Racine Road has a lot frontage of 21.34 m (70 feet) and an area of 1,301 m2 (14,004 ft.2)
The property is occupied by a 464.5 m2 (5,000 ft.2) one storey building which is used for automotive repairs. The applicant
has constructed an overhead loading door in the front wall of the building without a building permit. The applicant
requested the following variances:
(a) a reduction in the minimum distance for a vehicle entrance from a lot line abutting a street from 16.5 metres to 7.78
metres;
(b) the elimination of the required 4.5 metre landscaped strip along the front lot line;
(c) to allow two parking spaces to be located within the required 4.5 metre setback from the street line; and
(d) to permit a reduction in the number of required parking spaces from 14 to 12.
Planning Staff's comments dated October 7, 1999 stated that there was no objection to the proposed variances provided that
the front of the lot was landscaped to the satisfaction of the Director of Community Planning, West District. Works and
Emergency Services comments dated October 12, 1999 indicated that they objected to the variances based on a lack of
parking; however they have indicated that attendance before the Ontario Municipal Board is not warranted in this matter.
Decision of Committee of Adjustment: Refused
Comments: Staff have not identified any significant issues and do not recommend any representation at the Ontario
Municipal Board.
3) Address: 980 Islington Avenue
Ward: Lakeshore - Queensway
Application No.: A219/99ET
Applicant: 1139754 Ontario Limited
Appellant: 1139754 Ontario Limited
Hearing Date: To be determined by the OMB
Zoning: Class 1 Industrial Zone (I.C1)
Application: The property is located on the northwest corner of Islington Avenue and Jutland Road. The property has a lot
frontage of approximately 48.03 m (157.58'), a depth of approximately 53.34 m (175'), and a lot area of approximately
2672.02 m2. The applicant is proposing to redevelop the site for a gasoline service station and a convenience store. The
variance requested is to permit a convenience store in conjunction with a gasoline service station whereas no other use is
permitted in conjunction with a gasoline service station and a convenience store is not considered as an ancillary use to the
service station. The proposed development is subject to site plan approval.
Decision of Committee of Adjustment: Refused
Comments: Staff have not identified any significant planning issues and do not recommend Legal and Planning Staff
representation at the Ontario Municipal Board.
4) Address: 540 Evans Avenue
Ward: Lakeshore - Queensway
Application No.: A263/99ET
Applicant: 1211107 Ontario Limited
Appellant: Elizabeth McLaughlin
Hearing Date: To be determined by the OMB
Zoning: Class 1 Industrial Zone (I.C1)
Application: The property is located on the north side of Evans Avenue between The East Mall and Bestobell Road. The
property has a lot frontage of 51 m and a lot area of approximately 6970 m2. The applicant is proposing to install a weather
canopy over the existing pump island. The variance requested is to permit a front yard setback to the weather canopy of 3.4
m (at the closest point) whereas a 4.5 m setback is required.
Decision of Committee of Adjustment:
Granted, on the following conditions:
1. Prior to the issuance of a building permit, the applicant submit a front yard landscaping plan and an appropriate financial
guarantee, to the satisfaction of the Urban Planning and Development Services Department, West District.
2. The applicant shall apply for and obtain a building permit from the Urban Planning and Development Services
Department, West District, prior to the installation of the weather canopy over the existing pump islands, if required, and
also shall comply with all current requirements and regulations of the Ontario Building Code Act.
Comments: Staff have not identified any significant planning issues and do not recommend Legal and Planning Staff
repsentation at the Ontario Municipal Board.
Contact:
David Oikawa, Manager Tel: (416) 394-8219
Community Planning, West District Fax: (416) 394-6063
E-Mail: doikawa@toronto.ca
Paul Bedford, Executive Director and Chief Planner
City Planning
SM/PL/nt
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