May 5, 1999
To:Scarborough Community Council
From:H.W.O. Doyle
City Solicitor
Subject:53 Minnacote Avenue, Toronto
Ontario Municipal Board Hearing held on February 25, 1999
Purpose:
The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing held with respect to 53
Minnacote Avenue on February 25, 1999.
Funding Sources, Financial Implications and Impact Statement:
Not Applicable.
Recommendations:
That this report be received for information.
Council Reference/Background/History:
The Ontario Municipal Board heard appeals from the decision of the Commissioner of Planning and Buildings of the City
of Toronto (formerly Scarborough) which dismissed a consent to convey application and the Committee of Adjustment
which dismissed an application for variance by Joanne Mizzi respecting lands at 53 Minnacote Avenue. The purpose of the
application was to create two residential building lots from the subject property which presently contains a residential
building.
At its meeting held on December 16 and 17, 1998, City Council adopted a motion directing the City Solicitor to appear at
the Ontario Municipal Board to defend the decisions referred to above. Legal and Planning staff attended the hearing. The
Owner was represented by a land use planner who testified in support of the applications.
The issues before the Board dealt with a consent to convey a parcel of land 15.24 metres (50 feet) by 30.83 metres (101
feet) from the existing property for the creation of two lots, of almost identical size, whose areas would contravene the
minimum requirements of By-law 10327. The By-law's minimum lot area is 557m2 (5595 square feet) whereas the
proposed lots would be approximately 470 m2 (5059 square feet). All of the other development standards of the By-law are
being met.
The City's evidence focussed on the impact of the proposal on the character of the neighbourhood arising from the
proposed depth of the properties which will be the smallest in the area and not in keeping with Section 51(24) f. of the
Planning Act. It was also the planner's opinion that the proposed lots would have a configuration which would not be
consistent with the area's established pattern, and could lead to future requests for the creation of additional lots in a
fashion that may destabilize the character of the neighbourhood. It was also his opinion that the tests in Section 45(1) of the
Planning Act had not been satisfied.
The planner for the owner testified that what is being proposed fits well, will blend with the size and mass of the homes in
the area and will not destabilize its character, but will add to the rejuvenation of the neighbourhood and maintain its
peaceful and quiet nature.
The planner looked at the considerations in Section 51(24) of the Planning Act with reference to the consent to convey
application and at the tests in Section 45(1) in addressing the variances and was of the opinion that they are being satisfied
by this application.
No area residents opposed.
The Board found that the proposal results in good planning, and will not detract from the desirability of the area but create a
positive situation that is beneficial and reinforces the character of the area. In conclusion, the Board allowed the appeals
and granted provisional consent, subject to the following conditions:
(1)the lands to be severed are to be described in accordance with a Description Reference Plan, filed at the Hearing;
(2)the owner shall submit a tree preservation plan for the approval of the Parks and Recreation Division in consultation
with the Director of Community Planning, East District;
(3)the owner is required to make satisfactory arrangements with the Toronto Public Utilities Commission with regard to
the provision of water and hydro services and to maintain a minimum 1.0 metre (3 feet) clearance between existing utility
poles and future driveways; and
(4)prior to issuance of a building permit, the owner shall submit a Site Plan and Elevation Plan to the satisfaction of the
Director of Community Planning, East District.
Conclusions:
That this report be received for information.
Contact Name:
Larry J. Darkes
Solicitor
Legal Division
Corporate Services Department
Tel. No. (416) 392-7247
Fax No. (416) 392-0005
H.W. O. Doyle
City Solicitor
