Appeal of Committee of Adjustment Decisions

The Etobicoke Community Council:

(1)recommends the adoption of the report (September 28, 1999) from the Director of Community Planning, West District; and

(2) submits, without recommendation, a request that the City pay the expenses incurred by the applicant for the appeal regarding 75 Birmingham Street, embodied in the communication (October 7, 1999) from Ms. Joan Brennan, Brennan and Brennan.

The Etobicoke Community Council submits the following report (September 28, 1999) from the Director of Community Planning, West District:

Purpose:

To advise the Etobicoke Community Council of Committee of Adjustment Decisions which have been appealed to the Ontario Municipal Board and to recommend whether legal and staff representation is warranted.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

It is recommended that:

(1)legal and staff representation not be provided for the appeals regarding 20 and 22 Humbervale Boulevard, 4671 Dundas Street West, and 57 Prennan Avenue; and

(2)legal and staff representation be provided for the appeal regarding 75 Birmingham Street.

Comments:

The applications and appeals are summarized as follows:

(i) Address:20 and 22 Humbervale Boulevard

Ward:Lakeshore-Queensway

Application No.:B-26/99ET, A-221/99ET, A222/99ET

Applicant:Colagiacomo Holdings Ltd.

Appellant:Colagiacomo Holdings Ltd.

Hearing Date:To be determined by the OMB

Application:The property has a lot frontage of 15.24 m, a lot area of 557.42 m² and is occupied by a two-storey single, detached dwelling and a detached single car garage. It is zoned Second Density Residential (R2) by the Etobicoke Zoning Code. The applicant is proposing to sever the property into two lots. The retained lot would maintain the existing two-storey single detached dwelling and detached single car garage and the severed lot would be developed with a new two-storey single, detached dwelling and a detached single car garage. The proposed lots would have frontage of 7.62 m and lot areas of 278.7 m². In addition to the severance, the applicant is seeking variances for reduced lot frontage, reduced lot area, reduced minimum aggregate width of side yards for both lots, and a reduced minimum required side yard setback for an eaves overhang for the new home.

Decision of Committee of Adjustment:Refused

Comments:A review of the assessment maps indicates that there are other properties on Humbervale Boulevard and Royal York Road, in the vicinity of the subject property, which have been developed with similar lot frontages and lot areas. In light of the foregoing, staff feel that legal representation is not warranted at the Ontario Municipal Board.

(ii) Address:4671 Dundas Street West

Ward:Kingsway - Humber

Application No.:A-217/99ET

Applicant:M. R. Jokinen and M. Jokinen

Appellant:M. R. Jokinen and M. Jokinen

Hearing Date:To be determined by the OMB

Application:The property is occupied by an existing single detached dwelling with an attached garage. The applicant proposes to build a second storey addition over the existing walls of the attached garage, convert the existing attached garage into living space, and build a new single car garage along the front wall of the dwelling. The Zoning Code requires a front yard setback of 19.9 m (65 ft), a side yard setback of 1.5 m (5 ft) and a side yard eaves setback of 0.4 m (1.3 ft). The applicant proposes a front yard setback of 12.4 m (41 ft), side yard setback of 0.9 m (3 ft) and an eaves setback of 0.3 m (1 ft).

Decision of Committee of Adjustment:Refused

Comments:As the property is well treed with mature vegetation and would still maintain a significant front yard setback of 12.4 m (41 ft), staff feel that legal representation is not warranted at the Ontario Municipal Board.

(iii)Address:57 Prennan Avenue

Ward:Markland-Centennial

Application No.:A-205/99ET

Applicant:A. Guha and S. Guha

Appellant:A. Guha and S. Guha

Hearing Date:To be determined by the OMB

Application:This key lot abuts a reverse corner lot to the north, which fronts on Mattice Avenue. The property is occupied by a two-storey single detached dwelling with an attached two-car garage along the front wall of the dwelling. The property was developed prior to the incorporation of dwelling depth provisions in the Zoning Code and currently exceeds the maximum dwelling depth of 16.5 m (54 ft). The applicant proposes to build a rear one-storey addition. The proposed dwelling would have a dwelling depth of 25.8 m (85 ft) and a gross floor area of 369.3 m² (3,976 sq ft). The Zoning Code permits a maximum dwelling depth of 16.5 m (54 ft) from the required front yard setback and a maximum gross floor area of 343.7 m² (3, 700 sq ft).

Decision of Committee of Adjustment:Refused

Comments:Given the fact that this is a key lot that was developed prior to the Zoning Code provisions for lot depth, staff are of the opinion that there are no significant planning issues that would warrant legal representation at the Ontario Municipal Board.

(iv)Address:75 Birmingham Street

Ward:Lakeshore-Queensway

Application No:A-195/99ET

Applicant:Bosnian Islamic Centre

Appellant:Bosnian Islamic Centre

Hearing Date:To be determined by the OMB

Application:The property is occupied by a two-storey building known as the Bosnian Islamic Centre. The applicant proposes to legalize and maintain the existing place of worship and construct a 295.25 m² second storey addition over the west rear yard parking area. Variances requested relate to use, location of the handicapped parking space, side yard setback to the parking lot, landscaping, parking, and rear yard setback.

Decision of the Committee of Adjustment:Refused

Comments:Works and Emergency Services staff have advised that they requested the applicants to provide a parking study in order that they could evaluate the parking demands resulting from the proposal. To date, the applicants have not provided a parking study. Therefore, Works and Emergency Services staff feel that representation at the Ontario Municipal Board is warranted.

Contact Name:

Mr. David Oikawa, Manager, Community Planning, West District

Tel.: (416) 394-8219; Fax: (416) 394-6063

_______

The Etobicoke Community Council also submits the following communication (October 7, 1999) from Ms. Joan Brennan, Brennan and Brennan, respecting Minor Variance Decision Number A-195/99 ET, 75 Birmingham Street:

". . . Please be advised that I would like to speak to the matter on behalf of Mr. Harrison. Further, I would like to at the same time make the request to the Community Council that the City reimburse Mr. Harrison for the expenses he incurred as a result of retaining professionals to represent him at the Ontario Municipal Board hearing held on February 1, 1999, with respect to this property. . . ."

The following persons appeared before the Etobicoke Community Council in connection with the foregoing matter:

-Ms. Joan Brennan, Solicitor for Mr. P. Harrison; and

-Mr. K. Dewaele, DD Consulting, on behalf of the applicant.