Request for Direction

Minor Variance Application SA207/98

Surjit and Balwinder Singh, 127 Midland Avenue

Ward 13 - Scarborough Bluffs

The Scarborough Community Council recommends the adoption of the following report (January 18, 1999) from the Director of 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, as further detailed below.

Recommendation:

It is recommended that Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Application No. SA207/98.

Comments:

Minor Variance Application No. SA207/98

Surjit and Balwinder Singh

127 Midland Avenue

Lot 70, Registered Plan 1556

Cliffside Community

Scarborough Bluffs

The owners have appealed the November 4, 1998 decision of the Committee of Adjustment refusing a minor variance to permit an accessory building (garden shed) to remain as built, located partially in the north side yard and having a minimum building setback of 0.15 metres (0.5 feet) from the north side lot line, whereas the Zoning By-law permits accessory buildings in the side yard, but having a minimum building setback of 1.2 metres (4 feet) (as detailed in the attached decision). Approval of the variance would have permitted the existing 4.3 metres (14.1 feet) by 2.24 metres (7.3 feet), or 9.56 square metres (103 square feet) extension onto the existing shed to remain.

A previous variance was granted by the Committee of Adjustment in November of 1995 to allow a shed in the rear yard having a building setback of 0.16 metres (0.5 feet) from the north side lot line. In approving the application, the Committee imposed a condition limiting the size of the shed to 2.7metres (9 feet) by 4.6 metres (15 feet). The owners constructed a shed larger than permitted and the shed is now connected to an existing carport. As a result, approximately 0.34 metres (1.1 feet) of the structure is located partially in the north side yard which requires a different building setback, thereby necessitating this variance application.

Along the north side lot line of the subject property where the existing shed is located, there are large trees and shrubs screening the subject property and the adjacent northerly property. Permitting the existing shed to remain as constructed will not adversely impact the subject property or the adjacent northerly property.

Therefore, the appeal does not raise issues of significance to the Corporation to warrant expenditure of the City's limited resources on the Board hearing.

Contact Name:

Euken Lui

Planner

Phone: 396-7015

Fax: 396-4265

Email: lui@city.scarborough.on.ca