Purpose:

To advise Toronto Council of a number of Committee of Adjustment Decisions which have been appealed to the Ontario Municipal Board and to recommend whether legal and staff representation is warranted.

Funding Sources, Financial Implications and Impact Statement:

There will be financial costs associated with those appeals which are recommended for legal representation.

Recommendations:

It is recommended that:

Comment:

It should be noted that rather than reporting at the time of notice of appeal by the Ontario Municipal Board, staff will report on appeals following receipt of the appeal. This should avoid the problems of differences in timing between the notice of the hearing and the Council agendas.

The applications and appeals are summarized as follows:

(i) Address: 46 Edgehill Road (Kingsway-Humber)

Applicant: Robert Jones and Joanne French-Jones

Appellant: H. R. Stoneman, J. Stoneman, C. McCulloch and J. Beamish

Hearing Date: March 5, 1998

Application: Proposed variances to Zoning By-law 1992-24 and the Zoning Code to permit the development of a new two-storey detached dwelling with an attached two-car garage. The variances would allow an increase in gross floor area of 52.7 m² (568 sq. ft), and reduced aggregate side yard and front yard setbacks.

Decision of Committee of Adjustment: Approved.

Staff Recommendation: No legal or staff representation.

(ii) Address: 12 Kingsway Crescent (Kingsway-Humber)

Applicant: Janet L. Hilson

Appellant: Janet L. Hilson

Hearing Date: To be determined by the OMB

Application: The applicant proposes to demolish an existing dwelling and construct a three-storey single detached dwelling with an attached three-car garage. The requested variances would allow a gross floor area of 768.71 m5 (8,274.5 sq. ft.) which exceeds the maximum area permitted by 214.6 m5 (2,310.1 sq. ft.), a maximum building height of 10.57 m (34.6 ft.) whereas 9.5 m (31.1 ft.) is permitted, and a rear yard setback of 6.26 m (20.5 ft.) which is deficient by 5.24 m (17.1 ft.).

The property consists of two lots which, if developed separately, could support two houses of approximately 270 m5 (2,906 sq. ft.) and 425 m5 (4,575 sq. ft.) in gross floor area. The proposed house exceeds this combined gross floor area by approximately 70 m5 (753 sq. ft.). In addition, the current design presents a long building elevation to the side street which is about 65 per cent of the lot depth. With modifications, the proposed dwelling could comply with rear yard setback, building length, and gross floor area requirements.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: Legal and staff representation to be provided in support of the Committee=s decision.

(iii) Address : 9 Appleby Court (Markland-Centennial)

Applicant: Maria Domaretsky

Appellant: Robert Raymond

Hearing Date: To be determined by the OMB

Application: In order to permit the construction of a new two-storey detached dwelling with an attached four-car garage (below grade), a variance is required to allow a front yard setback of 12.2 m (40.0 ft.) whereas the Zoning Code requires a setback of 18.7 m (61.3 ft.).

Decision of Committee of Adjustment: Approved.

Staff Recommendation: No legal or staff representation.

(iv) Address: 2777 Kipling Avenue (Rexdale-Thistletown)

Applicant: Aplomb Properties Inc.

Appellant: Aplomb Properties Inc.

Hearing Date: To be determined by OMB

Application: The applicant proposes to structurally alter parking levels P2 and P3 of an existing eighteen-storey apartment building to accommodate eighteen additional units and a child care facility.

Variances are being requested to Site Specific By-law 1808 and the Zoning Code to permit an increase in the maximum number of dwelling units from 309 to 325; a reduction in required parking from 475 to 390 spaces; a reduction in surface visitor parking from 65 to 23; the introduction of a child care facility as a business use; and a reduction in the minimum required lot area from 21 775 m5 (234,392 sq. ft.) to 19 899 m5 (214,198 sq. ft.).

A similar application was previously submitted and withdrawn by the applicant prior to a decision by the Committee of Adjustment. Planning staff concluded that given the issues involved, a more comprehensive review and process is required.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: Legal and staff representation to be provided in support of the Committee=s decision.

(v) Address: 44 Waxham Road (Rexdale-Thistletown)

Applicant: Felix Rajaratnam and Saroja Rajaratnam

Appellant: Felix Rajaratnam and Saroja Rajaratnam

Hearing Date: To be determined by OMB

Application: A minor variance is requested from the Zoning Code to permit the applicants to finish constructing a basement entrance located 0.1 m (4 inches) from the north side lot line.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: No legal or staff representation.

(vi) Address : 14 Barford Road (Rexdale-Thistletown)

Applicant: Balbir Singh and Baljinder Kaur

Appellant: Balbir Singh and Baljinder Kaur

Hearing Date: To be determined by OMB

Application: To legalize and maintain an existing one-bedroom dwelling unit in the basement of the single family dwelling located at 14 Barford Road.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: No legal or staff representation.

(vii) Address: 37 Herne Hill (Kingsway-Humber)

Applicant: Sean and Heidi Register

Appellant: William Alexander

Hearing Date: March 9, 1998

Application: Proposed variance to Section 320.42 E of the Zoning Code to recognize an (unfinished) open and unroofed wooden deck constructed at the rear of the dwelling which projects an additional 3 m (10 ft.) into the required rear yard.

Decision of Committee of Adjustment: Approved.

Staff Recommendation: No legal or staff representation.

(viii) Address: 1392 Islington Avenue (Kingsway-Humber)

Applicant: Charles and Pauline Sammut

Appellant: Charles and Pauline Sammut

Hearing Date: To be determined by the OMB

Application: The applicants propose to divide the site into three lots. The retained lot with frontage on Islington Avenue would be occupied by the existing dwelling. The middle lot would be conveyed for future development of a single family detached dwelling on Fairway Road and the lot abutting the Islington Golf course would be dedicated for a future roadway.

These lands are subject to Site Specific Policy 22 contained in the Official Plan which is currently under review by Etobicoke Community Council. A Public Meeting to consider an amendment for the Zoning Code to increase the minimum lot size and to amend Special Site Policy 22 has been scheduled. The refusal by former Etobicoke Council of an earlier draft plan of subdivision for the subject lot and two abutting lots has been referred to the Ontario Municipal Board. All matters are likely to be considered jointly by the Board.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: Legal representation to be provided in support of the Committee=s decision.

(ix) Address: 4 Dominion Road (Lakeshore-Queensway)

Applicant: Adelaide Anne Bell

Appellant: Adelaide Anne Bell

Hearing Date: March 5, 1998

Application: To construct a 3.66 m (12 ft.) high wooden, lattice, privacy fence to rear of the dwelling located adjacent to James S. Bell Public School, whereas a maximum fence height of 1.9 m (6 ft.) is permitted by the Zoning Code.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: No legal or staff representation.

(x) Address: 60 Mimico Avenue (Lakeshore-Queensway)

Applicant: Mario Bellusci

Appellant: Mario Bellusci

Hearing Date: To be determined by the OMB

Application: To convert the covered rear patio of a two-unit dwelling to a bedroom. Permission of the Committee of Adjustment is required for any alterations or additions as the use of the site has lawful non-conforming status under the Zoning Code and Planning Act.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: No legal or staff representation.

(xi) Address: 3039 Lake Shore Boulevard West (Lakeshore-Queensway)

Applicant: Antonia Mota

Appellant: Antonia Mota

Hearing Date: To be determined by the OMB

Application: To install a restaurant/bar/donut shop on the main floor of a two-storey commercial/residential building. Thirty-two on-site parking spaces are required under the Zoning Code; none are provided.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: No Legal and staff representation.

(xii) Address: 2275 Lake Shore Boulevard West (Lakeshore-Queensway)

Applicant: 1169777 Ontario Limited

Appellant: 1169777 Ontario Limited

Hearing Date: To be determined by the OMB

Application: To permanently convert 48 m5 (520 sq. ft.) of service/loading space to retail/office space.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: No Legal and staff representation.

(xiii) Address: 657 Evans Avenue (Lakeshore-Queensway)

Applicant: Laura Christine Slater

Appellant: Laura Christine Slater

Hearing Date: To be determined by OMB

Application: To permit the introduction of a two-bedroom unit in the basement of a duplex dwelling which would result in the building becoming a triplex. The Ontario Municipal Board approved By-law 1995-57 limiting the subject building to a duplex dwelling only.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: Legal and staff representation to be provided in support of the Committee=s decision.

(xiv) Address: 41 Robin Hood Road (Kingsway-Humber)

Applicant: Mark Marian Racansky and Daria Racansky

Appellant: Stanley R. Elsdon

Hearing Date: March 6, 1998

Application: To permit the construction of a new two-storey dwelling, variances are required to permit a building height of 10.06 m (33 ft.) which exceeds the maximum building height of 9.5 m (31 ft), and an aggregate side yard setback of 3.2 m (10.4 ft) whereas 3.66 m (12 ft) is required.

Decision of Committee of Adjustment: Approved.

Staff Recommendation: No Legal or staff representation.

(xv) Address: 340 and 350 Mill Road (Markland-Centennial)

Applicant: Residential II G.P. Limited

Appellant: Residential II G.P. Limited

Hearing Date: To be determined by OMB

Application: In 1990 By-law 1993-84 was enacted to permit the development of a twelve-storey, 135-unit apartment building on the subject lands. The application to the Committee of Adjustment requested a minor variance from the site specific by-law to permit the development of three blocks of stacked townhouses consisting of 125 units in place of the apartment building.

Staff have concerns with respect to the design, layout and form of the project. By-law No. 1993-84 established detailed standards for the development of the site for one apartment building. Given the specific nature of the by-law, the proposed variance is not in keeping with the intent of the by-law and would result in an undesirable development.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: Legal and staff representation to be provided in support of the Committee=s decision .

(xvi) Address: 30-68 Old Mill Terrace (Lakeshore-Queensway)

Applicant: Old Mill Terrace Residences Inc.

Appellant: Old Mill Terrace Residences Inc.

Hearing Date: To be determined by OMB

Application: A variance to By-law No. 1995-196 is requested to legalize balconies which were recently constructed on the south elevation of an existing townhouse development whereas the by-law specifically prohibits balconies at this location. A variance was also requested to permit roof top satellite dishes which are also prohibited.

The balconies as constructed do not maintain the purpose and intent of the site specific by-law and have a negative impact on the enjoyment of the adjacent properties to the south. Staff have no comment with respect to the satellite dishes.

Decision of Committee of Adjustment: Refused.

Staff Recommendation: Legal and staff representation to be provided in support of the Committee=s decision.

Conclusion:

The subject appeals were reviewed and staff are of the opinion that appeal items (i), (iii), (v), (vi), (vii), (ix), (x), (xi), (xii), and (xiv) do not involve substantive planning issues and, therefore, do not warrant legal and staff representation at the Ontario Municipal Board.

As items (ii), (iv), (viii), (xiii), (xv), and (xvi) do involve substantive planning issues, legal and staff representation at the Ontario Municipal Board is warranted for these appeals.

Contact name:

Ted Tyndorf, MCIP - Tel. (416) 394-8216 Fax (416) 394-6063

Director - Development and Design