Committee of Adjustment Appeal -

735 Avenue Road (Midtown)

The Toronto Community Council recommends that the City Solicitor be authorized to attend the Ontario Municipal Board to uphold the Committee of Adjustment Decision refusing a zoning variance application to maintain a rear two-storey deck structure at 735 Avenue Road and to retain independent planning advice, if necessary, with funds to be allocated from the Legal Services Operating Budget.

The Toronto Community Council submits the following communication (June 10, 1999) from Councillor Adams:

Recommendation:

That the City Solicitor be authorized to attend the Ontario Municipal Board to uphold the Committee of Adjustment Decision refusing a zoning variance application to maintain a rear two-storey deck structure at 735 Avenue Road and to retain independent planning advice, if necessary.

Background:

The owner of 735 Avenue Road erected an illegal 2-storey deck structure that overlooks the rear yard properties of the residents on the west side of Highbourne Road. The applicant sought to legalize this illegal structure at the Committee of Adjustment and was opposed by a resident of Highbourne Road, who saw this deck as a potentially bad precedent for the neighbourhood, and an invasion of privacy of the residents of this neighbourhood. The Committee of Adjustment refused because the proposed second floor addition reduces amenities (loss of privacy) for the adjacent properties, and is not minor.

(A copy of the Notice of Decision and Public Hearing Notice of the Committee of Adjustment dated April 22, 1999, was forward to Members of the Toronto Community Council with the agenda for its meeting on June 22, 1999, and a copy thereof is on file in the office of the City Clerk).