Ontario Municipal Board Appeal - Committee of

Adjustment Decision - 7 Gange Avenue (Midtown)

The Toronto Committee Council recommends that:

(1)the City Solicitor and appropriate staff be directed to attend at the Ontario Municipal Board in support of the Committee of Adjustment Decision to refuse the application for the development at 7 Gange Avenue; and

(2)the City Solicitor be authorized to retain outside planning consultants, as needed.

The Toronto Community Council reports, for the information of Council, having requested the Policy and Finance Committee to report directly to Council on identification of source of funds to implement the above recommendations.

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The Toronto Community Council submits the following communication (September 14, 1999) from Councillor Bossons:

Recommendations:

It is recommended that:

(1)the City Solicitor and appropriate staff be directed to attend at the Ontario Municipal Board (OMB) in support of the Committee of Adjustment Decision to refuse the application for the development at 7 Gange Avenue;

(2)the City Solicitor be authorized to retain outside planning consultants as needed, and

(3)that the Policy & Finance Committee be requested to report directly to Council on a source of funds to implement recommendations 1 & 2.

Background:

The applicant was before the Committee of Adjustment (C of A) on June 15, 1999. The C of A reserved its decision and requested the applicant to consider revisions to address concerns of abutting property owners on Birch Avenue. On July 12, 1999 the C of A considered the applicant's solicitor's June 25, 1999 letter outlining revisions to the plan and the revised plans dated June 22, 1999. The Cof A, in its refusal Decision noted specific concerns about minimum frontage requirements creating a possible over-development; variances to the maximum permitted gross floor area on all lots, which could, in new construction, be designed to comply; adequate setback to the north lot line not being provided, representing over-development.

On June 14, 1999, Raymond David, Manager, North Section, Community Planning, South District, wrote to the Committee of Adjustment indicating that the application seeks variance regarding frontage, window setbacks and gross floor area and noting that his concerns set out in his May 18, 1999 letter to the Committee respecting overlook and amenity had been addressed to his satisfaction. As the committee has raised additional concerns, I want Planning staff to do a fresh review of this proposal and prepare to argue at the OMB for no over-development, no variances to the maximum permitted gross floor area on any lot and for adequate setback to the north lot line.

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Councillor Adams declared an interest in this matter in that he owns property within the Committee of Adjustment notice area of the subject site.