April 9, 1999
To:Scarborough Community Council
From:H.W.O. Doyle
Subject:21 Dobbin Road - Sullivan Community Zoning By-law - Ontario Municipal Board
hearing held on March 22, 1999 - Appeal of the Committee of Adjustment's refusal to grant a
minor variance
Purpose:
The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing
with respect to 21 Dobbin Road on March 22, 1999.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
That this report be received for information.
Council Reference/Background/History:
In October 1998 the Owner of 21 Dobbin Road applied to the Committee of Adjustment for
the following two variances:
1.permission to maintain an existing sunroom addition having a south-side yard building
setback of 0.14 metres, where a setback of 0.9 metres is required by the Zoning by-law ; and
2.permission to construct a rear-yard sunroom extension having a rear-yard building setback
of 8 metres, where a setback of 9.1 metres is required by the Zoning by-law.
In a decision dated October 7, 1998, the Committee of Adjustment refused the first variance
and deferred consideration of the second until the contravening portion of the sunroom is
removed. George Manakis, the Owner of 21 Dobbin Road, appealed the Committee's decision
to the Ontario Municipal Board.
The Owner's application to the Committee of Adjustment was the fourth in a similar series of
applications dating back to 1990. The first of the two applications, which dealt only with the
side-yard variance, were refused by the Committee of Adjustment and were subsequently
appealed to the Ontario Municipal Board, who denied the appeals. In the third application, the
owner applied for a variance for only the easterly 2.0 metres of the south-side yard sunroom
on the premise that the use was legal non-conforming. This variance was granted by the
Committee subject to the Owner bringing the remaining portion of the sunroom into
compliance with the zoning by-law.
On March 22, 1999 the Ontario Municipal Board heard the Owner's appeal to legalize the
remainder of the sunroom. Following the presentation of the evidence by the Owner and a
City Planner and a successful mediation effort by the Board, the Board granted the following
two variances from the Sullivan Community Zoning By-law:
A. Existing south-side sunroom to have a minimum side yard setback of 0.61 metres.
B. Proposed west-side sunroom extension to have a minimum rear yard setback of 7.93
metres.
The variances were granted subject to the following conditions:
- All construction must conform to the Ontario Building Code.
- The westerly five windows in the existing sunroom addition are to be removed and
replaced by a solid wall, in accordance with the requirements of the Ontario Building
Code.
- The remedial work on the south-side sunroom is to be completed by September 30, 1999.
- If the remedial work on the south-side sunroom is not completed by September 30, 1999,
the variances will lapse and have no force and effect.
A copy of the Board's decision is attached.
Conclusions:
That this report be received for information.
Contact Name:
George Leonard
Lawyer, Planning and Administrative Tribunal Law
Legal Services Division, Corporate Services Department
Tel. (416) 392-6693
Fax. (416) 696-4417
H.W.O. Doyle
City Solicitor
