Ontario Municipal Board Appeal - Committee of Adjustment

Decision - 507 St. Clements Avenue (North Toronto)

The Toronto Community Council recommends that the City Solicitor be directed to appear before the Ontario Municipal Board to defend the Committee of Adjustment's decision regarding 507 St. Clements Avenue, and be authorized to retain independent planning advice, if necessary, with funds to be allocated from the Corporate Contingency Account.

The Toronto Community Council submits the following communication (September 15, 1999) from Councillor Walker:

Recommendation:

That the City Solicitor be directed to appear before the Ontario Municipal Board to defend the Committee of Adjustment's decision regarding the above property, and if necessary be authorized to retain planning advice.

Background:

At its August 17, 1999 meeting the Committee of Adjustment South District refused an application by 1082983 Ontario Ltd. to demolish the existing detached house, sever the property and construct a pair of detached houses. In conjunction with the consent application was an application for variances from the Zoning By-law 438-86.

Professor Beno Benhabib, Ph.D., P. Eng., contacted my office in early August to seek my assistance in attempting to defeat this application. After reviewing the file and application I agreed to meet with the neighbourhood residents on their street. The residents presented me with a very compelling argument against this application.

The Committee of Adjustment refused this application because it found that the variances sought were not minor and were not in keeping with the intent of the Official Plan. The plan to construct two very tall houses on the above site will undoubtedly have a negative impact on the aesthetic character of the street and therefore on the property values of existing homes. St. Clements Avenue is much sought out and well known for the consistency of design of its homes.

Each of the proposed houses is much larger than the existing homes on St. Clements Avenue, in terms of length, height, and overall gross floor area. Their size and style are out of keeping with the past and current patterns of development on St. Clements Avenue.

This proposal pushes the envelope of allowable development beyond what is reasonable and the variances sought were deemed not minor by the Committee of Adjustment. Thus, to preserve the character and pattern of growth and redevelopment in stable residential neighbourhoods such as on St. Clements Avenue, on behalf of the residents, I request the Toronto Community Council to recommend that the City Solicitor be directed to appear at the Ontario Municipal Board to defend the Committee of Adjustments August 17th decision regarding 507 St. Clements Avenue.

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(Notice of Decision - 507 St. Clements Avenue, referred to in the foregoing communication was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on October 12, 1999, and a copy thereof is on file in the office of the City Clerk).