Request for Direction - Minor Variance Appeal SA178/98

George and Katina Manakis

21 Dobbin Road

Ward 14 - Scarborough Wexford

The Scarborough Community Council recommends the adoption of the following report (November 19, 1998) from the Director, Community Planning, East District:

Purpose:

This report seeks direction from Council as to the City Solicitor's role at a pending Ontario Municipal Board Hearing, on a current appeal, as further detailed below.

Recommendation:

It is recommended that City Council direct the City Solicitor to attend the Ontario Municipal Board hearing in support of the Committee's decision with respect to Minor Variance Application SA178/98.

Comments:

Re:Minor Variance Application SA178/98

George and Katina Manakis

21 Dobbin Road

Lot 157, Registered Plan 4490

Sullivan Community

Scarborough Wexford

Lawrence Zucker of Kagan Zucker Feldbloom Shastri, on behalf of George and Katina Manakis, has applied to the Committee of Adjustment for the City of Toronto for a variance from the provisions of the Sullivan Community Zoning By-law No. 10717, as amended, to permit:

(1)the existing sunroom addition having a minimum south side yard building setback of 0.14metres (0.49 feet), whereas the Zoning By-law requires a minimum side yard building setback of 0.90 metres (3 feet); and

(2)the proposed extension of the sunroom having a minimum rear yard building setback of 8metres (26 feet), whereas the Zoning By-law requires a minimum rear yard building setback of 7.5 metres (25 feet) plus 50 percent of the lot depth great than 33.5 metres (110feet), or 9.1 metres (29.9 feet) in this case.

The owner has appealed the October 7, 1998 decision of the Committee of Adjustment which refused Part 1 of the requested variance, and deferred consideration of Part 2, until such time as the sunroom addition, which is in contravention of the By-law, is removed.

Similar variance applications, wherein the property owner requested a sunroom situated 0.14 metres (0.49 feet) from the side lot line, were submitted to and refused by the Committee of Adjustment in September 1990 (A230/90) and August 1991 (A162/91). In both cases, the property owner appealed the decisions to the Ontario Municipal Board, which were subsequently refused.

As a result of the refusal of the two previous variances and a desire to rectify this on-going situation, the applicant submitted a third variance application (A105/92) proposing a different "sunroom" which extended along the southerly side wall of the dwelling. In June 1992, the Committee heard and approved the variance application permitting 2.1 metres (6.8 feet) of the main wall of the existing sunroom to remain as constructed, having a side yard setback of 0.14 metres (0.46 feet). The granting of the variance was conditional upon the owner removing the existing sunroom within the required minimum setback of 0.9 metres (3 feet), except the portion of the sunroom which was subject to the application and the remaining sunroom complying with the Ontario Building Code. The variance was appealed to the Ontario Municipal Board by an abutting property owner. The appeal was subsequently withdrawn. The applicant has not fulfilled the conditions of the approval granted in June 1992.

Based on the history of the repeated requests to the Committee for the same minor variance permission, which have been refused both by the Committee and the Ontario Municipal Board, and that there have been no significant changes to the "sunroom" structure, staff recommend that the City Solicitor be directed to attend the hearing in support the Committee's decision.

Contact Name:

Bill Kiru, MCIP, RPP

Planner, Community Planning Division

Scarborough Civic Centre

Telephone: (416) 396-7014

Fax: (416) 396-4265

E-mail: kiru@city.scarborough.on.ca