March 9, 2000
To: East York Community Council
From: Manager, East District Field Office
Subject: Request for Clarification of Variance Application A99EY139
35 Epsom Avenue
Purpose:
To report on the details with respect to the application to the Committee of Adjustment for a minor variance from the
Zoning By-law requirements, File No. A99EY139 for 35 Epsom Avenue and the details of issuance of a building permit by
the Building Division.
Financial Implications and Impact Statement:
There are no financial implications
Recommendations:
It is recommended that this report be received for information.
Background:
The owners of 35 Epsom Avenue requested a variance to the maximum height restriction in Zoning By-law 67-52 in order
to maintain the roof structure of their already completed second storey addition constructed under permit No. 99B22682.
On December 7, 1999, the Committee of adjustment granted the request for variance,however, a neighbour appealed the
decision to the Ontario Municipal Board.
Comments:
On June 10, 1999, Paul and Joanne Porter, the owner of 35 Epsom Avenue made application for a building permit to
construct a second storey addition to their existing bungalow. There exists an obligation on their designer to ensure the
permit drawings are in accordance with the requirements of the Ontario Building Code and the East York Zoning By-law.
The same obligation rests with the contractor when construction is undertaken.
The Building Division has a statutory obligation to ensure all construction is carried out in conformance with the Ontario
Building Code and all applicable law such as the Zoning By-law which is generally achieved in two stages.
The first stage involves the cursory review of the permit documents for compliance with provincial and municipal
regulations, as mentioned above and, if in compliance, the issue of the building permit. The permit is issued usually subject
to comments and additional requirements placed in red on the drawings. All permits have also two stamps affixed to them;
the first reads ' All work to conform to requirements of the Ontario Building Code' and the second 'Subject to Field
Inspection'.
The second stage involves the field inspection of the construction at predetermined milestone inspection stages. Only
building inspections are a mandatory statutory requirement of the municipality although policy dictates that plan
examination be carried out in most but not all jusrisdictions in order to minimize the incidence of errors and disputes.
The building permit was issued to the owners on August 13, 1999 which included a permit card and a set of the reviewed
permit plans containing notes, comments and an incorrect building height.
Staff followed normal procedures and inspected the premises at the appropriate stages of construction. On October 14,
1999, inspection staff identified a violation of the height requirement and an Order to Comply (OTC) was issued to the
owners and contractors requiring them to comstruct in accordance with the Zoning By-law or to obtain a variance from the
Committee of Adjustment. It was noted on the OTC that no furth work was authorized on the oversized roof structure, but
other interior work could continue while the Committee of Adjustment application was being processed.
The Committee approved the minor variance to the Zoning By-law on December 7, 1999 but this decision was appealed to
the Ontario Municipal Board based not on zoning concerns, but rather on construction issues that comply with the Building
Code.
Conclusions:
The owners and their designer/builder are complying with the direction of the Order to Comply issued by the building
inspector and following due process towards obtaining legalization of the subject roof. In the event that the appeal to the
Ontario Municipal Board is not successful, the roof will have to be lowered.
Staff will not be attending at the Ontario Municipal Board Hearing.
Contact:
Douglas Walker
Manager, East District Field Office
Building Division
Phone: (416) 397-4483
Fax: (416) 397-4582
E-mail: dwalker@toronto.ca
Douglas Walker
Manager, East District Field Office
