Request for Direction - Minor Variance Appeals

Wards 14 and 17

Scarborough Wexford and Scarborough Agincourt

 The Scarborough Community Council recommends the adoption of the following report (April 8, 1998) from the Commissioner of Planning and Buildings, Scarborough:

 Purpose:

 This report seeks direction from Council as to the City Solicitor=s role at pending Ontario Municipal Board hearings on two current minor variance appeals, as further detailed below.

Recommendations:

 It is recommended that:

 (1)Council direct the City Solicitor to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment Decision with respect to Minor Variance Application SA3/98; and

 (2)Council direct the City Solicitor to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment Decision with respect to Minor Variance Application A326/97.

 Comments:

 (1)Minor Variance Application SA3/98

Spiros Plessas, 106 Crockford Boulevard

Part of Lot 2, Registered Plan 4297

Wexford Employment District - Ward 14 - Scarborough Wexford

 The owner applied to the Committee of Adjustment for a variance from the provisions of the Employment Districts Zoning By-law No. 24982 (Wexford), as amended, to permit the approximately 10.7 metre (35 foot) by 7.2 metre (23.5 foot) existing parking structure to remain as constructed having:

 (i)a minimum building setback of 0.15 metres (0.5 feet) from the rear lot line, whereas the Zoning By-law requires a minimum rear yard building setback of 7.5 metres (25 feet);

 (ii)a minimum building setback of 0.15 metres (0.5 feet) from the north side lot line, whereas the Zoning By-law requires a minimum side yard building setback of 3 metres (10 feet); and

 (iii)a maximum height of 5.5 metres (18 feet), whereas the Zoning By-law restricts the height of parking structures to a maximum of 4 metres (13.1 feet).

 At the Committee of Adjustment meeting of February 25, 1998, four residents appeared in opposition to this application. A petition, along with letters were received from the residents, as well as letters from the Scarborough Wexford Councillors - Mike Tzekas and Norm Kelly in opposition to this application. The application was refused by the Committee and this decision was supported by the staff position (report attached), which concluded the proposal is undesirable to the abutting properties and is not in keeping with the built form of this industrial district. The owner has now appealed the Committee=s decision, however a hearing has not yet been scheduled by the Ontario Municipal Board.

 (2)Minor Variance Application A326/97

Shell Canada Limited, 2801 Midland Avenue

Block B, Registered Plan M-1278

Agincourt North Community - Ward 17 - Scarborough Agincourt

 R. Wayne Burns, on behalf of Shell Canada Limited, has appealed the March 25, 1998 decision of the Committee of Adjustment to refuse the Minor Variance application to permit a convenience retail store in conjunction with an existing Shell service station, whereas a site specific exception in the Zoning By-law restricts the Neighbourhood Commercial (NC) zoning of the site to Automobile Service Station Uses only. There is a general consensus of opposition to the proposal by area residents with over 140 letters of opposition submitted to the City. As the proposed minor variance does not maintain the intent and purpose of the Zoning By-law, and is a matter more appropriately to be considered by Council as a Zoning By-law Amendment, I am recommending that the City Solicitor attend the Board in support of the Committee=s decision. No hearing date has yet to be scheduled by the Ontario Municipal Board.

 Contact Names:

 (1)Euken Lui, Planner(2)Joe Nanos, Acting Senior Planner

(416) 396-7015(416) 396-7037

(416) 396-4265 Fax Number(416) 396-4265 Fax Number

lui@city.scarborough.on.cananos@city.scarborough.on.ca