May 4, 1998
To:East York Community Council of May 6, 1998
From:Richard Tomaszewicz
Commissioner of Development Services for East York Division
Subject:Appeal of Committee of Adjustment Decision
Regarding 215 Gowan Avenue
Ward 1
Purpose:
The purpose of this report is to provide information to the East York Community Council on the status of an appeal to the
Ontario Municipal Board regarding a decision of the East York Committee of Adjustment to refuse an application for a
minor variance at 215 Gowan Avenue.
Source of Funds:
Expenditures of this type will be made from the City Solicitor=s operating budget.
Recommendations:
That this report be received for information.
Background:
On October 15, 1997, the East York Committee of Adjustment refused an application by Mrs. Anne Marie Oriol for a
variance to permit a private home daycare business at 215 Gowan Avenue.
The Zoning By-law permits private home day care in a dwelling unit in any residential zone, subject to the zoning
requirements for home occupations. The applicant requested relief from the following zoning requirements:
- Day care must be carried out by the primary residents of the dwelling, whereas the applicant is proposing to provide day
care services in a dwelling where she does not reside;
- The by-law restricts day care to a maximum of 25% of the gross floor area of the dwelling, whereas the applicant is
proposing to devote the entire dwelling to private home day care; and,
- Outdoor activities in conjunction with day care in a residential zone are prohibited, whereas the applicant proposes to
conduct outdoor activities.
Comments
The private home day care provisions in the Official Plan and Zoning By-law are intended to permit small scale,
unobtrusive day care facilities in residential areas. Staff recommended refusal of the application because the applicant
intends to conduct the use in a house that is not used for residential purposes. In the opinion of staff, this is contrary to the
purpose and intent of the official plan and zoning by-law.
As you may recall, the former Council of the Borough of East York delegated to the Commissioner of Development
Services the authority to determine which matters should be taken to the Ontario Municipal Board. On this basis, this report
does not require a recommendation and is for your information only.
Conclusions:
Staff will attend the Ontario Municipal Board hearing on June 11, 1998 to give planning evidence.
Contact Name:
Paul Galvin, Planner - East York Office
Phone 778-2043
Fax 466-9877
e-mail pgalvin@borough.eastyork.on.ca
Respectfully submitted,
Richard Tomaszewicz
Commissioner of Development Services
