APPEAL OF COMMITTEE OF ADJUSTMENT DECISIONS
20-30 SANDCLIFF ROAD (Ward 27 - York-Humber); AND,
3524 DUNDAS STREET WEST (Ward 27 - York Humber).
Director, Community Planning, West District
(August 17, 1999)
Purpose:
To provide information regarding Committee of Adjustment decisions that have been appealed to the Ontario Municipal
Board and recommend whether or not legal and staff representation is warranted.
Financial Sources, Financial Implications and Impact Statement:
The financial costs associated with appeal of the consent applications for 20 - 30 Sandcliff Road are limited to the $250.00
appeal fee. There is no financial cost associated with the appeal for 3524 Dundas Street West.
Recommendations:
It is recommend that:
Council endorse the appeal of Committee of Adjustment decisions B-39/99YK to
B-44/99YK for 20 - 30 Sandcliff Road filed by Urban Planning and Development Services staff on behalf of Council;
Legal and staff representation be authorized to attend the Ontario Municipal Board in support of the appeal noted in the
preceding recommendation; and,
Legal and staff representation not be provided for the appeal regarding application No.
A-60/99YK for 3524 Dundas Street West.
Comment:
The applications and appeals are summarized as follows:
(1)Address:20 - 30 Sandcliff Road (Ward 27- York Humber)
Applicant:Inaugural Source Inc.
Appellant:City of Toronto
Hearing Date:To be determined by the OMB
Application: B-39/99YK to B-44/99YK. The applicant proposes to sever a site containing six existing lawful
nonconforming rental townhouses into six freehold lots each containing an existing townhouse. (see appendix A and B)
The Committee of Adjustment on July 26,1999 granted consent for the severance of an existing townhouse portion of land
into six (6) residential lots with a condition requiring the applicant to pay 5% cash-in-lieu of parkland. The subject property
presently consists of six (6) two-storey rental townhouses that are lawful non-conforming uses in an R2 Zone. Planning
staff commented that new policies contained within Official Plan Amendment (OPA) No.2 relating to the preservation and
maintenance of residential buildings, particularly rental buildings, apply to these consent applications. The amendment was
adopted by City Council on March 2, 3, and 4 but is currently under appeal.
In particular, policy 135.1 within OPA No.2 states that it is the policy of Council "to preserve, maintain and replenish the
supply of residential buildings, and particularly rental buildings, across the City of Toronto by restricting the demolition of
residential property and the conversion of rental units to condominium, and/or freehold, by discouraging the conversions of
rental units to equity co-operative, and by encouraging new rental housing production."
Notwithstanding that these new policies are under appeal, they are Council adopted policies. As indicated in planning staff
comments dated April 20, 1999 and July 14, 1999, to the Committee of Adjustment in considering matters of consent, the
Planning Act provides that regard shall be given, among other matters, to whether the consent conforms to the Official
Plan. In light of the above-noted adopted policies, the proposed consent application would not conform with the policies of
OPA No.2.
Therefore, in the absence of a Council meeting in August and a limited time frame to lodge an appeal, an appeal was filed
of the Committee's consent decision by Urban Planning and Development Services staff, on behalf of Council.
(2)Address:3524 Dundas St. West (Ward 27 - York Humber)
Applicant:Helen Smoljan
Appellant:Helen Smoljan, 1660 Glenvista Dr. Oakville
Hearing Date:To de determined by the Ontario Municipal Board
Application: A-60/99 YK. The applicant proposes to erect a self-contained, mobile food sales kiosk to be associated
with the Brewer's Retail store at the same location (see appendix C)
The Committee of Adjustment on June 29, 1999 refused the above-noted application to permit a self-contained, mobile
food sales kiosk to operate on the subject property. The Planning Department did not have any objections to the
application, thus no comments were submitted.
Conclusions:
In regard to the Committee of Adjustment's decisions for 20-30 Sandcliff Road, the subject appeal is warranted, given the
recently adopted city-wide policy regarding rental unit conversions and the lack of conformity with the Official Plan. Legal
and staff representation at the Ontario Municipal Board are warranted. Further it should be noted that during periods when
Council is not meeting, (August, March etc.) arrangements should be made through the Procedural By-law to authorize the
Solicitor to act on behalf of Council where a Council policy is affected.
The subject appeal for 3524 Dundas Street West was also reviewed by staff. There are no substantive planning issues
relating to the application. City Legal staff and Planning staff representation at the Ontario Municipal Board is therefore
not warranted for this appeal.
Contact Name:
P. CarvalhinhoPhone: 394-2618
Assistant Planner, Fax: 394-2782
Community Planning - West District
Karen V. Bricker, MCIP
Director, Community Planning - West District
Appendices:
Appendix A: Location Map for 20 - 30 Sandcliff Road
Appendix B: Site Plan for 20 - 30 Sandcliff Road
Appendix C: Location Map for 3524 Dundas Street West
