M99 MOTION WITHOUT NOTICE OMB Hearing - 79 Galbraith Avenue Moved by: Seconded by: Councillor Davis Councillor Bussin SUMMARY: The owners of 79 Galbraith applied for and received a severance for this property in 2004, but failed to meet the conditions of the consent. As a result, this application appeared again before the Committee of Adjustment on April 25, 2007. The new application, however, contained a revised proposal for a new two-storey dwelling on each of the new lots. These two proposed new dwellings are substantially larger than allowed under the by-law. The proposed new dwellings are too large and do not fit with the existing character of this neighbourhood. City Planning staff wrote a report to the Committee expressing opposition to the proposed variances and recommending they be refused. The Committee of Adjustment refused the variances. RECOMMENDATION: 1. That Council authorize the City Solicitor and City Planning staff to appear at the Ontario Municipal Board to support the decision of the Committee of Adjustment in refusing the request for a variance. July 16, 2007 Attachments (3) According to Chapter 27, Council Procedures: Requires two-thirds to waive notice Fiscal Impact Statement provided Should have Fiscal Impact Statement prior to debate Requires two-thirds to waive requirement if Council wishes to debate Should be referred to the Toronto and East York Community Council Requires two-thirds vote to consider at this meeting City Clerk, in consultation with the Chair, Chair agrees that the Motion Recommendations are Urgent - OMB * Deputy City Manager and Chief Financial Officer to advise. ( ) * ( ) ( )
City Planning Division Ted Tyndorf, Chief Planner and Executive Director Committee of Adjustment 100 Queen Street West Toronto, ON M5H 2N2 Tel: 416 392-7565 Fax: 416 392-0580 Thursday, April 26, 2007 NOTICE OF DECISION MINOR VARIANCE/PERMISSION (Section 45 of the Planning Act) File Number: A0239/07TEY Zoning R1B Owner(s): NIKI LAZARIDIS Notice was given and a Public Hearing was held on Wednesday, April 25, 2007, as required by the Planning Act. PURPOSE OF THE APPLICATION: To construct a new two-storey dwelling with an integral garage. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW : 1. Section 7.3.3 By-law 6752 The maximum permitted lot coverage is 35% of the lot area (81.28 m 2 ). The proposed lot coverage is 43% of the lot area (99.17 m 2 ). 2. Section 7.3.3 By-law 6752 The maximum permitted floor space index is 0.60 times the lot area (139.35 m 2 ). The proposed floor space index is 0.83 times the lot area (191.83 m 2 ). IT WAS THE DECISION OF THE COMMITTEE OF ADJUSTMENT THAT: The Minor Variance Application is Refused It is the decision of the Committee of Adjustment to NOT approve this variance application for the following reasons: The general intent and purpose of the Official Plan is not maintained. The general intent and purpose of the Zoning By-law is not maintained. The variance(s) is not considered desirable for the appropriate development of the land. In the opinion of the Committee, the variance(s) is not minor. Decision Notice - MV Page 1
SIGNATURE PAGE File Number: A0239/07TEY Zoning R1B Owner: NIKI LAZARIDIS George Vasilopoulos (signed) Robert Brown (signed) Gillian Burton (signed) Rebecca Condon (signed) DATE DECISION MAILED ON: Tuesday, May 1, 2007 LAST DATE OF APPEAL TO THE ONTARIO MUNICIPAL BOARD: Monday, May 15, 2006 CERTIFIED TRUE COPY Anita M. MacLeod Manager & Deputy Secretary Treasurer Toronto and East York Panel To appeal this decision to the Ontario Municipal Board, send a completed OMB Appellant Form (A1) to the Manager & Deputy Secretary-Treasurer, Committee of Adjustment. You must pay a filing fee of $125.00, by certified cheque or money order, in Canadian funds, payable to the Minister of Finance. An additional reduced fee of $25.00 is required for each connected appeal filed by the same appellant. To obtain a copy of Appellant Form (A1) and other information about the appeal process please visit the Ontario Municipal Board web site at www.omb.gov.on.ca. Decision Notice - MV Page 2
City Planning Division Ted Tyndorf, Chief Planner and Executive Director Committee of Adjustment 100 Queen Street West Toronto, ON M5H 2N2 Tel: 416 392-7565 Fax: 416 392-0580 Thursday, April 26, 2007 NOTICE OF DECISION MINOR VARIANCE/PERMISSION (Section 45 of the Planning Act) File Number: A0240/07TEY Zoning R1B (PPR) Owner(s): NIKI LAZARIDIS Notice was given and a Public Hearing was held on Wednesday, April 25, 2007, as required by the Planning Act. PURPOSE OF THE APPLICATION: To construct a new two-storey dwelling with an integral garage. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW : 1. Section 7.3.3 By-law 6752 The maximum permitted lot coverage is 35% of the lot area (81.28 m 2 ). The proposed lot coverage is 43% of the lot area (99.17 m 2 ). 2. Section 7.3.3 By-law 6752 The maximum permitted floor space index is 0.60 times the lot area (139.35 m 2 ). The proposed floor space index is 0.83 times the lot area (191.83 m 2 ). IT WAS THE DECISION OF THE COMMITTEE OF ADJUSTMENT THAT: The Minor Variance Application is Refused It is the decision of the Committee of Adjustment to NOT approve this variance application for the following reasons: The general intent and purpose of the Official Plan is not maintained. The general intent and purpose of the Zoning By-law is not maintained. The variance(s) is not considered desirable for the appropriate development of the land. In the opinion of the Committee, the variance(s) is not minor. Decision Notice - MV Page 1
SIGNATURE PAGE File Number: A0240/07TEY Zoning R1B (PPR) Owner: NIKI LAZARIDIS George Vasilopoulos (signed) Robert Brown (signed) Gillian Burton (signed) Rebecca Condon (signed) DATE DECISION MAILED ON: Tuesday, May 1, 2007 LAST DATE OF APPEAL TO THE ONTARIO MUNICIPAL BOARD: Tuesday, May 15, 2007 CERTIFIED TRUE COPY Anita M. MacLeod Manager & Deputy Secretary Treasurer Toronto and East York Panel To appeal this decision to the Ontario Municipal Board, send a completed OMB Appellant Form (A1) to the Manager & Deputy Secretary-Treasurer, Committee of Adjustment. You must pay a filing fee of $125.00, by certified cheque or money order, in Canadian funds, payable to the Minister of Finance. An additional reduced fee of $25.00 is required for each connected appeal filed by the same appellant. To obtain a copy of Appellant Form (A1) and other information about the appeal process please visit the Ontario Municipal Board web site at www.omb.gov.on.ca. Decision Notice - MV Page 2
City Planning Division Ted Tyndorf, Chief Planner and Executive Director Committee of Adjustment 100 Queen Street West Toronto, ON M5H 2N2 Tel: 416 392-7565 Fax: 416 392-0580 Thursday, April 26, 2007 NOTICE OF DECISION CONSENT (Section 53 of the Planning Act) File Number: B0038/07TEY Zoning R1B Owner(s): NIKI LAZARIDIS Notice was given and the application considered on Wednesday, April 25, 2007, as required by the Planning Act. THE CONSENT REQUESTED: To sever lot into two lots for the development of two single family dwellings with integral garages. The previous application B0020/04T for severance had a time limit of one year to be registered which has elapsed. Retained Lot - Part 1 79 Galbraith Avenue The frontage is 7.63 m and the lot area is 234.4 m 2. The existing dwelling will be demolished and the lot will be developed for one single family two-storey dwelling with an integral garage which will require variance from the Zoning By-law. Conveyed Lot - Part 2 79 Galbraith Avenue (to be assigned) The frontage is 7.63 m and the lot area is 234.4 m 2. The existing garage will be demolished and the lot will be developed for one single family two-storey dwelling with an integral garage which will require variance from the Zoning By-law. File Numbers B0038/07TEY, A0239/07TEY and A0240/07TEY will be considered jointly. IT WAS THE DECISION OF THE COMMITTEE OF ADJUSTMENT THAT: The Consent Application is Refused In the opinion of the Committee, the application does not satisfy the requirements of Section 51(24) of the Planning Act and is NOT approved for the following reason(s): The proposed land division is premature. The proposed land division does not conform to the policies of the official plan. The suitability of the land for the purposes for which it is to be subdivided has not been demonstrated. Decision Notice - CO Page 1
The suitability of the dimensions and shapes of the proposed lots has not been demonstrated. The adequacy of roads, vehicular access, parking and loading facilities has not been demonstrated. The adequacy of utilities and municipal services has not been demonstrated. Decision Notice - CO Page 2
SIGNATURE PAGE File Number: B0038/07TEY Zoning R1B Owner(s): NIKI LAZARIDIS George Vasilopoulos (signed) Robert Brown (signed) Gillian Burton (signed) Rebecca Condon (signed) DATE DECISION MAILED ON: Tuesday, May 1, 2007 LAST DATE OF APPEAL TO THE ONTARIO MUNICIPAL BOARD: Monday, May 21, 2007 CERTIFIED TRUE COPY Anita M. MacLeod Manager & Deputy Secretary Treasurer Toronto and East York Panel To appeal this decision to the Ontario Municipal Board, send a completed OMB Appellant Form (A1) to the Manager & Deputy Secretary-Treasurer, Committee of Adjustment. You must pay a filing fee of $125.00, by certified cheque or money order, in Canadian funds, payable to the Minister of Finance. An additional reduced fee of $25.00 is required for each connected appeal filed by the same appellant. To obtain a copy of Appellant Form (A1) and other information about the appeal process please visit the Ontario Municipal Board web site at www.omb.gov.on.ca. NOTE: Only individuals, corporations and public agencies may appeal a decision to the Ontario Municipal Board. The appeal may not be filed by an unincorporated association or group. However, the appeal may be filed in the name of an individual who is a member of the association or group on its behalf. Decision Notice - CO Page 3