April 6, 1999

To:Toronto Community Council

From:H.W.O. Doyle

Subject:No. 16 Braeside Road, Ontario Municipal Board Decision on Committee of Adjustment Appeals (Ward 22 - North Toronto)

Purpose:

To inform Council of the Ontario Municipal Board decision respecting the appeals of the Committee of Adjustment decisions for No. 16 Braeside Road.

Funding Sources, Financial Implications and Impact Statement:

No funding implications.

Recommendations:

It is recommended that this report be received for information.

Council Reference/Background/History:

At its meeting of March 4, 5 and 6, 1998 Council instructed the City Solicitor to attend the Ontario Municipal Board hearing with respect to the appeals of the Committee of Adjustment decision respecting 16 Braeside Road and to support the views of the area residents in opposition to the appeals.

Comments and/or Discussion and/or Justification:

In accordance with Council's instructions, Ms. Sharon Haniford of my office and Mr. Paul Stagl, an outside planning consultant retained by the City, attended before the Ontario Municipal Board in opposition to the applicant's appeals of the Committee of Adjustment's refusal of their applications for minor variance and consent respecting 16 Braeside Road. A number of residents including the immediately abutting resident, the latter being represented by counsel, also attended the hearing and testified in opposition to the appeals. The applicant was represented by counsel and called a number of expert witnesses.

The Board Order has issued, allowing the appeals subject to the entering into of an agreement ensuring tree preservation and requiring the building and landscaping to be erected and maintained substantially in accordance with the plans presented to the Board.

The Board concluded that the new home was designed in a manner sensitive to the neighbours concerns and that there will be an acceptable streetscape. In addition, it found that the replacement of the existing fence and garage by a new dwelling, a few inches further away from the street, represents an acceptable impact for the four homes on the west side of Kappele Avenue. While the Board agreed that wide and shallow lots are not normal in Wanless Park, it found this was an appropriate lot in this particular enclave featuring three fourplexes at the dead end of Kappele Avenue.

Conclusions:

The Ontario Municipal Board allowed the appeals.

Contact Name:Sharon Haniford, Solicitor

Telephone: 392-6975

Fax: 392-0024

E-mail: shanifor@toronto.ca

H.W.O. Doyle

City Solicitor

SH:ccl

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