866 WESTON ROAD AND 20 VICTORIA AVENUE WEST -
APPEAL OF COMMITTEE OF ADJUSTMENT DECISIONS
Ward 27, York Humber.
Director, Community Planning, West District
(June 29, 1999)
Purpose:
To provide information on appeals of Committee of Adjustment decisions which have been appealed to the Ontario
Municipal Board and to recommend whether or not City Legal Staff and Planning staff representation is warranted.
Financial Sources, Financial Implications and Impact Statement:
There will be no financial costs associated with the appeals.
Recommendations:
It is recommended that:
(1)City Legal Staff and Planning staff representation not be provided for the appeals regarding application A-46/99YK
for 866 Weston Road and application A-48/99YK for 20 Victoria Avenue West.
Comment:
The applications and appeals are summarized as follows:
(i)Address:866 Weston Road (Ward 27: York Humber)
Applicant:Victor Tobar
Appellant:Victor Tobar - 866 Weston Road
Hearing Date:To be determined by the OMB
Application:A-46/99YK. The applicant proposes to legalize and maintain the existing basement apartment-in-house
(second suite). (See Appendix A and B attached)
Variances were requested to the provisions of Zoning By-laws 1-83 and 3623-97 relating to parking, alterations to the front
facade, required glazed area for light , and required ventilation for the apartment-in-house.
The Committee of Adjustment in 1997 granted minor variances from the Zoning By-law which permitted the applicant to
construct a second storey addition above the existing garage, provided that the applicant resolve the deficiencies in relation
to the Zoning By-law provisions for the basement apartment. In this most recent related application to remove the
deficiencies by seeking By-law variances to permit the apartment-in-house, the Committee of Adjustment refused the
requested variances on May 18, 1999.
The Planning Department commented that it was preferred that the applicant correct the By-law deficiencies with respect to
the existing apartment-in-house and requested that the application be refused.
Since our comments to the Committee of Adjustment, the City Planning Department has recently reported to the Planning
and Transportation Committee in regard to a City Council directive that all Planning documents be amended to permit
second suites as-of-right in all single and semi-detached houses. Following from the directive, the Planning report
recommends changes to permit second suites as noted, subject only to the provision of a parking space for the second suite.
In light of this initiative, Planning Staff note that parking would be the only issue for which a variance would be required.
However, since the location of the property is on an arterial road with convenient access to public transportation and since
the second suite is of a modest size at 39 m2 (420 ft2), parking as the only variance is considered a minor issue. There no
longer are substantive issues that would warrant and City legal and planning staff representation at the Ontario Municipal
Board in support of the decision of the Committee of Adjustment given the position of the City Planning Department.
(ii)Address:20 Victoria Avenue West (Ward 27: York Humber)
Applicant:Joe Montesano
Appellant:Joe Montesano - 20 Victoria Avenue West
Hearing Date:To be determined by the OMB
Application:A-48/99YK. The applicant proposes to demolish the existing garage and to construct a new 4.19 metre
(13.75 feet) high detached two-car garage and shed in approximately the same location. (See Appendix C and D attached)
Variances were requested to the maximum gross floor area and maximum height provisions of Zoning By-laws 1-83 and
3623-97 for accessory buildings.
The Committee of Adjustment on May 18, 1999 refused the requested variances. The Planning Department had no
objections to the application.
Conclusions:
The subject appeals were reviewed by staff. There are no substantive planning issues relating to these applications. City
Legal staff and Planning staff representation at the Ontario Municipal Board is therefore not warranted for these appeals.
Contact Name:
L. Moretto
Manager, Community Planning - West District
Phone: 394-2607 Fax: 394-2782
