Appeal of Committee of Adjustment Decisions

The Etobicoke Community Council recommends the adoption of the following report (December9,1998), from the Director of Community Planning, West District:

Purpose:

To advise Toronto 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.

Funding Sources, Financial Implications and Impact Statement:

There will be no financial costs associated with the appeals.

Recommendation:

It is recommended that legal and staff representation not be provided for the appeals regarding Applications Nos. A-344/98ET, 16 Tromley Drive; A-263/98, 52 Airview Drive; and, A-240/98, 75Birmingham Street.

Comments:

The applications and appeals are summarized as follows:

(1)Address:16 Tromley Drive

Applicant:Bernard and Robin Martins

Appellant:Bernard and Robin Martins

Hearing Date:To be determined by the OMB

Application:To legalize and permit completion of a detached two-car garage on an irregularly shaped corner lot. Section 320-43G of the Zoning Code provides that for all new dwellings erected on corner lots, any garage or carport must be attached to the dwelling.

Decision of Committee of Adjustment:Refused

Comments:The applicant partially constructed a two car garage without a building permit and was issued an Order to Comply on August 13, 1998. Based on a site inspection and review of the single variance required, staff had no comment on the application before the Committee of Adjustment. As the subject site is an irregularly shaped corner lot and the application involves only one variance, staff are of the opinion that legal and staff representation is not warranted. At its November 12, meeting Council recommended that the City Solicitor be authorized to attend at the Ontario Municipal Board for the purpose of seeking an adjournment of an appeal relating to this application as the owner will be out of the country. No hearing date has been set at this time.

(2)Address:52 Airview Drive

Applicant:Ajit Investments Inc.

Appellant:John Ambury

Hearing Date:To be determined by the OMB

Application:To permit an auto repair business in an industrial condominium complex.

Decision of Committee of Adjustment:Approved

Comments:As this is to permit an industrial use in an industrial zone, staff are of the opinion that legal and staff representation is not warranted.

(3)Address:75 Birmingham Street

Applicant:Bosnian Islamic Centre

Appellant:Bosnian Islamic Centre

Hearing Date:To be determined by the OMB

Application:To construct a second storey addition behind an existing 2-storey mosque building, over its existing parking area. The addition would contain classrooms, washrooms and offices but not expand the mosque's assembly area. A total of 24 parking spaces are required under the Zoning Code while 13 will be provided, with nine spaces having reduced width. As the addition would extend to the rear and side lot lines, it would not meet the required rear setback of 7.5 m, the required side setbacks of 4.5 m, nor the landscaped parking setback of 1.5 m from lot lines. The site itself is under the required lot area and lot frontage for a place of worship under the Zoning Code.

Decision of Committee of Adjustment:Refused

Comments:Staff are of the opinion that legal and staff representation is not warranted. Adequate parking is available for the proposed classrooms and office space as their hours of operation differ from the existing place of worship. While the addition will extend to the lot lines, it is located in an area where existing buildings have minimal setbacks. The exterior treatment of the addition, and its landscaping and parking, can be addressed in more detail at the site plan stage.

Conclusion:

The subject appeals were reviewed by staff who are of the opinion that appeal items (1), (2) and (3) do not involve substantive planning issues; therefore, legal and staff representation at the OntarioMunicipal Board is not warranted for these appeals.

Contact Name:

Linda Bunce, Principal Planner

Tel: (416)394-8221, Fax: (416)394-6063