Committee of Adjustment Appeal -

2055 Danforth Avenue (East Toronto)

The Toronto Community Council recommends the adoption of the following motion from Councillor Jakobek, seconded by Councillor Bussin:

WHEREAS the Committee of Adjustment on October 14, 1998, held a hearing for 2055 Danforth Avenue;

WHEREAS the Committee of Adjustment, in its decision of October 21, 1998, refused the minor variance application for 2055 Danforth Avenue, on the grounds that the proposal cannot be deemed to be a desirable or appropriate development of the site due to its immediate impact on the neighbouring properties, that the magnitude of the requested variances, particularly for excess gross floor area, would result in an overdevelopment of the site and would not be within the general intent and purpose of the Official Plan or the Zoning By-law, and that the proposal does not come within the meaning of a minor variance;

WHEREAS local residents appeared in opposition to the requested variances expressing concerns with respect to the siting and operation of the proposed facility and its potential intrusion upon their properties;

WHEREAS the Urban Planning and Development Services Area wrote a letter expressing the opinion this proposal should be the subject of an application for rezoning and the Municipal Standards Division advised the Committee of Adjustment of an injunction to be commenced with an intended compliance measure of authorization to the City to prevent the use of the property for the purposes of storage and building supplies;

WHEREAS the Ontario Municipal Board will appoint the commencement of a hearing of this appeal on a date to be determined in April; and

THEREFORE BE IT RESOLVED that the City Solicitor and planning staff be authorized to attend the scheduled Ontario Municipal Board hearing in support of the Committee of Adjustment decision for 2055 Danforth Avenue.

(Memorandum dated September 21, 1998,

addressed to the Administrator, Secretary-Treasurer, Committee of Adjustment

from the Director of Community Planning, South District,

Urban Planning and Development Services)

This is an application for permission to construct a parking garage on a portion of a site within an R2 district. The applicant is seeking variances with respect to permitted use, gross floor area, setbacks from lot lines and the depth of the building. I have concerns about the siting and operation of the proposed facility and its potential intrusion upon neighbouring residents in adjacent residents fronting on Moberly Avenue and Woodbine Avenue.

In my opinion this proposal should more properly be the subject of an application for rezoning so as to firmly establish the use to which this facility will be put and to identify, if possible, appropriate conditions for the operation of the facility. I recommend the application before your Committee be refused.

The above comments are submitted for your Committee's consideration.

(A copy of the decision of the Committee of Adjustment is on file in the office of the City Clerk).