August 27, 1998

To:North York Community Council

From:H.W.O. Doyle

City Solicitor

Subject:157 York Mills Road - Ontario Municipal Board Decision

dated July 15, 1999 - Hearing held February 3, 1999

Purpose:

The purpose of this report is to advise as to the outcome of the Municipal Board hearing held on February 3, 1999.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That this report be received for information.

Council Reference/Background/History:

The Ontario Municipal Board heard an appeal from the decision of the Committee of Adjustment of the City of Toronto (North York) which dismissed a variance application by Gulu Thadani respecting 157 York Mills Road.

At its meeting held on February 2, 1999, City Council adopted a motion directing the City Solicitor to appear at the Ontario Municipal Board to defend the decision. Legal and Planning staff attended the hearing. The owner was represented by an agent and a land use planner who testified in support of the application.

At the outset of the hearing, the applicant abandoned his variance request to allow for the proposed addition to the front of the house. The relief related solely to the construction of a skylight above the existing one-storey portion of the building at the rear. Three residents gave evidence in opposition to the variance request. A planner was called by the City as well. The City's evidence focussed on the impact of the proposal on the character of the neighbourhood and, in particular, on its impact on the abutting properties, and that the proposal would add additional bulk to a premises that has had the benefit of many minor variance applications, resulting in one which is inappropriate and oversized. Further change by way of variance was therefore in the City planner's mind inappropriate. The residents felt the property was already overbuilt and the existing structure was now too large for the lot.

The Board in its Decision dated July 15, 1999, found that the relief was needed to accommodate the installation of a skylight and to ventilate properly the indoor swimming pool area. The Board accepted the view of the applicant's planner that the skylight would not cause any impact on the neighbour for the enjoyment of his premises. The Board held that the relief relating to the maintenance of a rear yard setback of 7.5 metres and length of dwelling of 19.2 metres cannot be considered excessive or breaching the statutory tests and allowed the appeal.

Conclusion

That this report be received for information.

Contact Name:

Larry J. Darkes

Solicitor

Planning & Administrative Tribunal Law

Tel. No. (416) 392-7247

Fax No. (416) 397-4420

H.W. O. Doyle

City Solicitor

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CITY CLERK

Clause embodied in Report No. 1 of the North York Community Council, as adopted by the Council of the City of Toronto at its meeting held on February 2, 3 and 4, 1999.

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Committee of Adjustment - CA-98-426 -

Gulu Thadani - 157 York Mills Road -

Request for Staff Attendance at the Ontario

Municipal Board Hearing - North York Centre South

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends that as requested by Councillor Flint, the attendance of staff of the North York Planning at the Ontario Municipal Board hearing of this application, be approved.

(January 20, 1999) from Councillor Flint, forwarding a memorandum from the Director, Community Planning, North District, advising that it would be appropriate for staff to attend the Ontario Municipal Board hearing of this application in order to defend the Committee of Adjustment's decision and uphold the by-law.