December 15, 1999
To: Etobicoke Community Council
From: Executive Director and Chief Planner
Subject: Appeal of Committee of Adjustment Decisions
Purpose:
To advise 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.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendations
It is recommended that:
(1) staff representation not be provided for the appeals regarding 60 Brydon Drive and 51 Thorncrest Road; and
(2) City Council should, by resolution, request the Ontario Municipal Board, if the Board determines that the application at
60 Brydon Drive should be approved, to impose conditions of approval to: prohibit the outside storage of derelict vehicles,
tires and other vehicle parts; and to prohibit the parking of customer vehicles on the grassed boulevard on the front and
north part of the property.
Background:
Two appeals of Committee of Adjustment decisions in the Etobicoke Community Council area relating to applications at
60 Brydon Drive and 51 Thorncrest Road have been received from the Etobicoke Committee of Adjustment.
Comments:
The applications and appeals are summarized as follows:
(1) Address: 60 Brydon Drive
Ward: Rexdale-Thistletown
Application No.: A-283/99ET
Applicant: Baha Car Care and Tire Centre
Appellant: Baha Car Care and Tire Centre
Date of Appeal: November 17, 1999
Hearing Date: To be determined by the OMB
Zoning: Class Two Industrial (I.C2)
Application: The property has a lot frontage of 30.48 m (100ft) and a lot area of 2111.5 m2 (22,728 ft2). A one-storey
multiple occupancy industrial building containing three units currently occupies the property. The applicant is proposing to
legalize and maintain the existing public garage use in Unit 1, previously approved by the Committee of Adjustment for a
specific time period, and to operate a public garage in Unit 3. The applicant requested the following variances:
(a) A use variance since a vehicle related use is prohibited in a multiple occupancy building.
(b) No landscaping along the front and side lot lines whereas a 4.4m and 3.0m (14.76ft and 9.84ft) minimum landscaped
strip is required.
(c) No parking area setback along the front and north side lot lines whereas a 4.5m (14.76ft) setback is required.
(d) Existing front driveway access of 30.5m (100ft) whereas the maximum permitted width of a driveway access 10.5m
(34.45ft).
Decision of Committee of Adjustment: Refused
Comments: In commenting to the Committee of Adjustment, Planning staff identified concerns about the general condition
of the property, which stores derelict vehicles, tires and other vehicle parts outside, and parks vehicles on the grassed
boulevard/ditch area along the front and north side of the property. Staff recommended to the Committee that if they were
to approve the application that conditions addressing these matters be applied. Although Planning staff did not comment on
the merit of the proposed variances themselves and thus cannot appear before the Ontario Municipal Board in support of
the Committee of Adjustment decision, staff are still concerned about the condition of the property. Thus staff suggests that
City Council, by resolution, request the Board to apply conditions of site approval to the application if the Board
determines that the proposal should be approved.
The conditions that should be applied are:
(1) Prohibit the outside storage of derelict vehicles, tires and other vehicle parts; and
(2) Prohibit the parking of customer vehicles on the grassed boulevard on the front and north part of the property.
Otherwise staff have not identified any significant planning issues and do not recommend Legal and Planning Staff
representation at the Ontario Municipal Board.
(2) Address: 51 Thorncrest Road
Ward: Kingsway-Humber
Application No.: A-301/99ET
Applicant: Amalia Emily Soulos
Appellant: Brian Steele
Date of Appeal: December 13, 1999
Hearing Date: To be determined by the OMB
Zoning: First Density Residential (R1)
Application: The property is located on the northeast corner of Thorncrest Road and The Wynd. The property has a
frontage of 33.41 m (110ft) and a lot area of 1414.1 m2 (15,222 ft2). The applicant is proposing to construct a new
two-storey detached dwelling and a detached two-car garage, with driveway access from The Wynd. A circular driveway,
with access onto Thorncrest Road is also proposed. The applicant requested the following variances:
(a) the proposed deck will project 2.45 m into the required yard, whereas a projection of 1.6 m is permitted; and
(b) the proposed circular driveway along Thorncrest Road will not lead to a legal parking space.
Decision of Committee of Adjustment: Approved.
Comments: Staff have note identified any issues with respect to the application and do not recommend that Legal or
Planning staff representation at the Ontario Municipal Board.
Conclusions:
Staff have not identified any important planning issues with respect to the applications at 60 Brydon Drive and 51
Thorncrest Road and do not recommend Legal and Planning staff representation at the Ontario Municipal Board, but do
suggest that the City request conditions of approval if the Board is to approve the proposal at 60 Brydon Drive.
Contact:
David Oikawa, Manager
Community Planning, West District
Tel: (416) 394-8219; Fax: (416) 394-6063
E-mail: doikawa@toronto.ca
______________________
Paul Bedford,
Executive Director and Chief Planner
City Planning
EM/SM
h:\spa1\coa\appealrpt\1999\jan19.doc