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Appeal of Committee of Adjustment Decisions

The Etobicoke Community Council recommends the adoption of the following report (April14, 1999) from the Director, Community Planning, West District, subject to deleting the word "not" in Recommendation No. (2), so that such Recommendation shall now read as follows:

"(2)that legal and staff representation be provided for the appeal regarding Application No. A-54/99ET, 14-16 Anglesey Boulevard.":

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 are no financial implications.

Recommendation:

It is recommended that:

(1)legal and staff representation be provided for the appeal regarding Application No.A-43/99ET, 17 Shady Glen Road; and

(2)that legal and staff representation not be provided for the appeal regarding Application No.A-54/99ET, 14-16 Anglesey Boulevard.

Comments:

The applications and appeals are summarized as follows:

(i)Address: 17 Shady Glen Road

Applicant:Lila Vidiawatee Balkisson

Appellant:Lila Vidiawatee Balkisson

Hearing Date:To be determined by the OMB

Application:To maintain the existing use of the dwelling as a lodging house with a basement apartment.

Decision of Committee of Adjustment: Refused

Comments:Section 4.2.20 of the Official Plan permits lodging houses in all Residential designations. Although it considers them most suitable in higher intensity multiple occupancy residential areas, it also recognizes that lodging houses may be permitted in suitable locations in low density residential areas, through site specific by-law amendment evaluated on the basis of specific criteria.

Since the Official Plan specifically requires that applications for accessory apartments be dealt with through site specific by-law amendments, this application does not meet the intent of the Official Plan. Legal and staff representation should therefore be provided for the hearing.

(ii)Address: 14-16 Anglesey Boulevard

Applicant:Alexander Mills

Appellant:Alexander Mills

Hearing Date:To be determined by the OMB

Application:The subject lands are occupied by a three-storey, 24-unit apartment building. The applicant proposes to convert the 2 northeasterly indoor parking spaces into habitable space for the purposes of expanding the existing adjacent bachelor dwelling unit into a one bedroom dwelling unit and relocating the 2 parking spaces within the existing driveway. The relocation of the garbage area to the southeast corner of the property behind a parking space. A total of 32 Zoning Code parking spaces are required, 16 of which are to be located within the indoor parking garage. The applicant will provide a total of 15 non-conforming on-site parking spaces.

Decision of Committee of Adjustment: Refused.

Comments:This property was the subject of a Committee of Adjustment Application and Ontario Municipal Board Hearing in November 1990. The Board, in Decision No.V900175 permitted the conversion of 4 indoor parking spaces into 2residential units, provided that the existing storage/garbage area and the 2northeasterly indoor parking spaces were maintained/retained.

Staff noted that the current application is a deviation from that Ontario Municipal Board Decision and that there may be concerns with the additional 2 parking spaces within the existing driveway. Transportation staff have been consulted on this matter and advise that there are no substantive issues, and therefore legal and staff representation is not warranted.

Conclusion:

The appeal regarding 17 Shady Glen Road involve substantive planning issues and warrants legal and staff representation. The appeal regarding 14-16 Anglesey Boulevard does not involve substantive planning issues, legal and staff representation at the Ontario Municipal Board is not warranted for this appeal.

Contact Name:

David Oikawa, Manager, Community Planning, West District

Tel: (416) 394-8219; Fax: (416) 394-6063

Allen Appleby, Manager, Community Planning, West District

Tel: (416) 394-8216; Fax: (416) 394-6063

 

   
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