Appeal of Committee of Adjustment Applications
106 Gloucester Grove, Ward 27
28 Guestville Avenue, Ward 28
573 Blackthorn Avenue, Ward 28
The York Community Council recommends adoption of the following report
(January 7, 1998) from the Commissioner of Development Services:
Purpose:
To provide information on the status of appeals regarding Committee of Adjustment decisions on applications.
Source of Funds:
Not applicable.
Recommendations:
It is recommended that:
(1) appropriate staff be directed to attend the Ontario Municipal Board Hearing to be scheduled for 573 Blackthorn Avenue to recommend refusal of the minor variance application which would permit permit front yard parking; and
(2) the information presented in this report for the appeal of Committee of Adjustment decisions regarding 106 Gloucester Grove and 28 Guestville Avenue be received.
Council Reference/Background/History:
(1) Application CA-97-90 - 106 Gloucester Grove
(Ref. Appendix A & B)
The Committee of Adjustment on June 17, 1997, considered a minor variance application to permit construction of a second storey addition above the rear one storey part of an existing 2 storey detached dwelling. The Development Services Department reported to Committee no objection to the application.
The Committee, after deferring the application for 3 months to receive survey information and a revised site plan, granted the application on July 29, 1997.
The abutting owner of 104 Gloucester Grove has appealed Committee=s decision. The Ontario Municipal Board has not scheduled a hearing to date.
(2) Application CA-97-77 - 28 Guestville Avenue
(Ref. Appendix C & D)
The Committee of Adjustment on May 27, 1997, considered a minor variance application to permit construction of a second storey rear addition above the rear one storey portion of an existing two storey semi-detached dwelling. The Development Services Department reported to Committee no objection to the application.
The Committee deferred the application to its next meeting to permit the applicant to address concerns of an opposing abutting neighbour. On June 17, 1997, the Committee granted the application.
The abutting owner at 30 Guestville Avenue has appealed Committee=s decision. The Ontario Municipal Board has not scheduled a hearing date.
(3) Application CA-97-98 - 573 Blackthorn Avenue
(Ref. Appendix E & F)
Committee of Adjustment on July 8, 1997, considered a minor variance application for permission to create a front yard parking space, notwithstanding that a parking space is already provided on the lot in a rear yard garage which is accessed by a driveway of sufficient width. The Development Services Department reported recommending refusal of the application. The rationale for the recommendation was that the applicant has access to an existing rear yard garage and also can access another part of the rear yard to provide an additional parking space. The existing driveway access provided exceeds the minimum standards to be eligible for front yard parking.
The Committee of Adjustment on July 8. 1997, refused the application noting that at present, three vehicles can be accommodated on this site, and that this application may set a precedent for other properties in the neighbourhood.
The owner of the property has appealed the Committee=s decision. The Ontario Municipal Board has not scheduled a hearing to date.
Comments:
The Development Services Department has no objection to the minor variance applications for 106 Gloucester Grove and 28 Guestville Avenue, and therefore, there is no need to attend the Municipal Board Hearings to be scheduled for these applications.
In regard to the minor variance application for 573 Blackthorn Avenue, the Department recommended refusal of the application because of the opportunity to provide additional parking in the rear yard and because the application would not meet the intent of Zoning By-law No. 1-83. The By-law provisions allow for front yard parking where a minimum of one parking space for each dwelling unit is not provided on the lot in a garage, side yard or rear yard and where such parking space is accessed by a driveway greater than 2.4 metres in width. In light of the Department=s recommendation and rationale, staff should be directed to attend the Ontario Municipal Board to recommend refusal of the minor variance application to permit a front yard parking space.
Conclusions:
It is recommended that the appropriate staff be directed to attend the Ontario Municipal Board for 573 Blackthorn Avenue to recommend refusal of the application once a hearing date is determined. It is further recommended that the information presented in this report regarding the appeal of the Committee of Adjustment applications for 106 Gloucester Grove and 28 Guestville Avenue be received.
Contact Name:
K. W. Johncox, Senior Planner
Phone: 394-2607 Fax: 394-2782
(Copies of the Appendices referred to in the foregoing report were forwarded to all Members of Council with the agenda of the York Community Council meeting of January 21, 1998, and copies thereof are on file in the Clerk=s Department.)
