March 8, 2000
To: Etobicoke Community Council
From: Director, Community Planning, West District
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:
1) It is recommended that staff representation not be provided for the appeals regarding 14 Park Boulevard or 59 Tilden
Crescent.
2) It is recommended that legal and planning staff representation be provided for the appeal
regarding 130 Westmore Drive, Unit 9.
Background:
Appeals of the Committee of Adjustment decision in the Etobicoke Community Council area relating to applications at 14
Park Boulevard, 130 Westomore Drive, Unit 9, and 59 Tilden Crescent have been received from the Etobicoke Committee
of Adjustment.
Comments:
The applications and appeals are summarized as follows:
1) Address: 14 Park Boulevard
Ward: Lakeshore-Queensway
Application No.: A38/00
Applicant: Paul Anthony John Fournier
Appellant: Paul Anthony John Fournier
Date of Appeal: February 21, 2000
Hearing Date: To be determined by the OMB
Zoning: RM1 Long Branch - Residential Multiple
Official Plan: Low Density Residential
Application: This property is located on the north side of Park Boulevard, between 31st Street and 33rd Street. The property
has a frontage of 16.362 m (53.68 ft) and the lot area is 665.97 m2 (7,168.63 sq.ft.). The applicant is proposing to alter the
existing building (containing two dwelling units) into a fourplex by constructing a rear two-storey addition (containing two
dwelling units). A private driveway will access parking in the rear yard for four cars. The applicants requested the
following variances:
a) Lot frontage of 16.362 m (53.68 ft) whereas the minimum required lot frontage for a fourplex dwelling is 21.3 m (69.88
ft.)
Planning Staff did not comment on the application. Transportation staff advised that they had no objection to the
application subject to the proposed parking area being graded and asphalted and the parking area striped to reflect the
layout and dimensions illustrated on the site plan submitted.
Decision of Committee of Adjustment: Refused
Comments: Staff have not identified any significant planning issues and do not recommend Planning or Legal staff
representation at the Ontario Municipal Board.
2) Address: 130 Westmore Drive, Unit 9
Ward: Rexdale-Thistletown
Application No.: A50/00
Applicant: Ayesha Khalid
Appellant: Ayesha Khalid
Date of Appeal: March 1, 2000
Hearing Date: To be determined by the OMB
Zoning: Class 1 Industrial (I.C1)
Official Plan: Industrial
Application: The subject property is located on the east side of Highway 27
approximately 80 m (262 ft) north of Finch Avenue. The applicant
currently operates a 149 m2 (1,603 sq. ft.) grocery store within Unit
# 9 of an 18-unit condominium building. In an attempt to obtain a
business licence from the City it was found that the Class 1 Industrial
zone does not permit the use of a grocery store.
In commenting on the application to the Committee, the City's Urban Development Services Department indicated that the
proposed use would not maintain the intent of the Official Plan. Comments from the Transportation Services Section of the
Works and Emergency Services Department noted that five parking spaces must be provided for the subject unit whereas
the condominium agreement assigns only two spaces to this unit.
Decision of Committee of Adjustment: Refused
Comments: The use of the subject property does not maintain the intent of the "Industrial" Official Plan designation.
Additionally, the use of the subject unit for a grocery store would create a shortfall of three parking spaces for the unit.
3) Address: 59 Tilden Crescent
Ward: Kingsway-Humber
Application No: A-018/00ET
Applicant: Shannon Lee Lawrence
Appellant: Richard Horsley and Monica Flanagan
Date of Appeal: January 16, 2000
Hearing Date: To be determined by the OMB
Zoning: Second Density Residential (R2)
Official Plan: Low Density Residential
Application: The property is located on the east side of Tilden Crescent backing onto Raymore Park. It contains a
one-storey single family detached dwelling. The lot frontage is 9.14 m (30 ft) and the lot area is 564 m2 (6,071 sq.ft). The
applicant proposes two-storey additions requiring the following variances:
1. A front yard setback of 4.02 m rather than the required 4.82 m;
2. A driveway width of 2.29 m rather than the required 2.4 m;
3. A minimum floor area and width inside the proposed garage of 17.5 m2 and 2.79 m rather than the required 18.0 m2 and
3 m; and,
4. A minimum side yard setback of 0.0 m and total side yards of 0.87 m rather than the required 0.9 m and 2.1 m.
The Toronto and Region Conservation Authority fill regulations apply to most of this property. The Authority has issued a
Fill Permit for works involving the construction of retaining walls at the rear of the property in order to remediate previous
slope stability concerns.
Decision of the Committee of Adjustment: Approved
Comment: Staff have not identified any significant planning issues and do not
recommend Planning or Legal staff representation at the Ontario Municipal Board.
Conclusion:
Staff recommend that representation not be provided for the appeals at 14 Park Boulevard and 59 Tilden Crescent. Staff
recommend that representation be provided for the appeal at 130 Westmore Drive, Unit 9.
Contact:
David Oikawa, Manager
Community Planning, West District
Tel: (416) 394-8219
Fax: (416) 394-6063
EMail: doikawa@toronto.ca
Gary Wright
Director, Community Planning
West District
SM/PL/EM:nt
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