Appeal of Committee of Adjustment Decisions
34 Claxton Boulevard - Ward 28, York Eglinton; and
88 John Street - Ward 27, York Humber
The York Community Council recommends the adoption of the following report (April9,1999) from the Director,
Community Planning, West District:
Purpose:
To provide information on appeals of Committee of Adjustment decisions which have been appealed to the Ontario
Municipal Board; and to recommend whether or not legal and staff representation is warranted.
Financial Sources, Financial Implications and Impact Statement:
There will be no financial costs associated with the appeal.
Recommendations:
It is recommended that:
(1)Legal and staff representation not be provided for the appeals regarding Application No.A-16/99YK for 34 Claxton
Boulevard and Application No. A-17/99YK for 88JohnStreet.
Comment:
The applications and appeals are summarized as follows:
| (i) |
Address: |
34 Claxton Boulevard (Ward 28: York Eglinton) |
|
Applicant: |
Anthony Gagliano |
|
Appellant: |
Veronica Jacobs 36 Claxton Boulevard |
|
Hearing Date: |
To be determined by the OMB |
|
Application: |
A-16/99YK. The applicant proposes to demolish an existing dwelling and to construct a new two
storey detached dwelling with below-grade parking. (See Appendix A and B attached) |
Variances were requested to the minimum front yard setback, maximum floor space index, minimum side yard setback and
minimum front yard green landscaped open space provisions of Zoning By-law Nos. 1-83 and 3623-97.
The Committee of Adjustment on March 16, 1999, granted variances subject to conditions that require the applicant to
obtain necessary permits for curb ramps, to obtain a building permit prior to starting any structural alterations to the
building and to comply with the Ontario Building Code. The Committee also required that roof water be directed onto the
property and away from abutting properties. The Planning Department had no objections to the application.
| (ii) |
Address: |
88 John Street (Ward 27: York Humber) |
|
Applicant: |
Carol Ann and James D. Coon |
|
Appellant: |
John Gribben 125 Rosemount Avenue |
|
Hearing Date: |
To be determined by the OMB |
|
Application: |
A-17/99YK. The applicant proposes to maintain and to legalize the side/rear open deck, which was
constructed in 1975 without proper authorization. (See Appendix C and D attached) |
Variances were requested to the minimum side yard setback provisions of Zoning By-law Nos. 1-83 and 3623-97.
The Committee of Adjustment on March 16, 1999, granted the variances subject to conditions that require the portions of
the deck that encroach into the required east side yard to be removed to satisfaction of the Building Division; and the
applicant to obtain a building permit prior to constructing the side entrance platform, if required, and to comply with
Ontario Building Code. The Planning Department had no objections to the application.
Conclusions:
The subject appeals were reviewed by staff who did not object to the applications. Legal and staff representation at the
Ontario Municipal Board is therefore not warranted for these appeals.
Contact Name:
Lou Moretto
Manager, Community Planning - West District
Tel: 394-2607, Fax: 394-2782
APPENDIX A - LOCATION MAP FOR 34 CLAXTON BOULEVARD
APPENDIX B - SITE PLAN FOR 34 CLAXTON BOULEVARD
APPENDIX C - LOCATION MAP FOR 88 JOHN STREET
APPENDIX D - SITE PLAN FOR 88 JOHN STREET
