Purpose:

To determine the need for staff and legal representation at the Ontario Municipal Board for the appeal regarding 42 Sunnydale Drive.

Source of Funds:

There would be no financial impact in that legal representation is not being recommended.

Recommendation:

It is recommended that this report be received by Toronto City Council and that staff and legal representation not be provided for the appeal regarding 42 Sunnydale Drive.

Comment:

The City has recently received a Notice of Hearing before the Ontario Municipal Board pertaining to an appeal of Committee of Adjustment decision A-222/97 (see Exhibit No. 1). The application and appeal are summarized as follows:

- Address - 42 Sunnydale Drive.

- Applicant/Appellant - Louis and Maureen Zubowski.

- Hearing Date - February 10, 1998.

Application:

To expand an existing bungalow by adding a second storey and a 2-storey rear addition. Preservative zoning by-law 1993-109 and other provisions of the Zoning Code would be varied to permit a gross floor area of 239.4 m5 (2,577 sq.ft.), exceeding the 221.5 m5 (2,385 sq.ft.) maximum, to maintain nonconforming side yard setbacks in line with the existing building, and increase the building height to 10.26 m (33.7 ft.), exceeding the 9.5 m (31.2 ft.) maximum.

Decision of Committee of Adjustment: Refusal

Conclusion:

Staff are of the opinion that the application at 42 Sunnydale Drive does not involve substantive planning issues and legal representation and staff support at the Ontario Municipal Board is not warranted.

Contact Name:

Jamie McEwan - Tel: (416) 394-8878, Fax: (416) 394-6063

Area Planner - South District, Development and Design

(A copy of Exhibit 1, referred to in the foregoing report, was forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of January 21, 1998, and a copy thereof is on file in the office of the City Clerk.)