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Committee of Adjustment

New – Committee of Adjustment Guidelines

Many Leaside residents have experienced receiving a notice from the North York Committee of Adjustment informing them that a neighbouring house is being renovated or torn down, with new construction proposed that doesn’t quite meet the by-law requirements, and the owners are asking for “minor variances.” As we’ve all seen, some of those variances are not minor – and have significant effect, often negative, on immediate neighbours and the streetscape.

So…what can you, as a neighbour, do? We’ve prepared some Committee of Adjustment Guidelines to help you figure that out. Please have a look – and if there are things we’ve left out, let us know, as we’re happy to add more information.

Committee of Adjustment

Illegal house at 27 Fleming to be demolished

27 FlemingAfter a three year battle over an illegally constructed oversize house at 27 Fleming Cres., the current owner has agreed to demolish the house and hold a community consultation meeting to discuss new plans before going before the Committee of Adjustment again. Kudos to next door neighbour and lawyer Robert Ellis, who led the fight and all the neighbours who took the time to show up at meetings and at the Committee of Adjustment to voice their concerns. The LPOA is continuing to fight two other oversize/illegal dwellings currently under construction in Leaside. We hope that the Committee of Adjustment will continue to send a strong message to developers that “build first, ask permission later” is not acceptable.

Leaside ‘monster home’ to be demolished – Town Crier, May 27, 2015

Leaside ‘monster home’ to be torn down after neighbours cry foul – CBC, May 29, 2015

Committee of Adjustment

Committee of Adjustment – January 8, 2015

On January 8, 2015, there were 5 CofA applications in ward 26. The LPOA wrote in opposition to 4 of the 5 and deputed on 3. Following is a brief description and a report on the results/outcome. Note: “sine die” means “without assigning a day for a further meeting or hearing” – and we’ll let you know when/if these applications come up at a later date.

1. #7 196 Wicksteed/89 Research Road

“Mothers to Be” warehouse wanting a retail outlet (limited by the term of the lease) CofA application to permit accessory retail use. Leaside Business Park Association strongly opposed this due to retail encroachment in the Business Park. LPOA also wrote in opposition.

Decision: Approved

2.  #11 328 Bessborough

Construct a two storey addition to the south portion of the existing two-storey dwelling and demolish an existing one storey addition and garage (retains the 2 storey house). Two variances relate to 2013 By-law and two to EY No 1916 By-law (variances for parking space and side yard). LPOA did not oppose, however the immediate neighbour met with the applicants yesterday and showed them how the build would adversely affect their property – the side yard. It reveals how even apparently innocuous variances can be quite damaging to the immediate neighbours. The applicant agreed to ask for a deferral to allow time to consider further.

Decision: Deferred sine die

3. #17 24 Sutherland

Construct a new 2-storey detached house with integral at grade garage and existing home to be demolished. Note this is in an unaltered stretch of original homes and close to the heritage designated Talbot apartments. 12 variances (7 from 2013 and 5 from 1916) including building length, height and FSI (Floor Space Index). LPOA wrote in strong opposition. There were several letters in opposition and the immediate neighbours were present. There was discussion before the hearing that led to the applicant to ask for a deferral to allow time to consider changes.

Decision: Deferred sine die

4. #30 143 Donlea Drive

Construct a new 2 storey house with integral garage, demolish existing dwelling. 8 variances (5 and 3) including height, length and FSI. LPOA wrote in strong opposition. There were several letters in opposition and the immediate neighbours were present. There was discussion before the hearing that led to the applicant to ask for a deferral to allow time to consider changes.

Decision: deferred since die

NOTE: The neighbours  involved are the same ones affected by the Eglinton Connects re-zoning for mid-rise which has been appealed to the OMB by the LPOA.

5. #32 11-25 Industrial Street

Two-storey fitness centre and surface parking connecting to the existing shopping centre (First Capital). It represents a major expansion of the First Capital development at Longo’s north to Industrial Street. It does not front on Laird. Strongly opposed by the LBPA. LPOA also wrote and deputed in opposition. However First Capital’s lawyer stated that First Capital had acquired the land and as a result it fronted on Laird under the definition of “lot”, which was based on ownership. Therefore the lot now fronted on Laird!!

Decision: Approved

Committee of Adjustment

Committee of Adjustment – 206 Hanna

July 8, 2014
The Committee of Adjustment,
North York Civic Centre,
5100 Yonge Street,
North York, Ont., M2N 5V7.

Re:  206 Hanna Road,
File No. A440/14NY.

Att: Mr. Dan Antonacci,
Manager & Deputy Secretary Treasurer North District Panel.

Dear Mr. Antonacci,

The Leaside Property Owners’ Association provides this correspondence to express our strong opposition to this application for minor variances. This application involves demolition of a one and half storey (dormers) detached house and replacement with a new two storey detached home with integrated garage. The existing house is a good example of only a few “Modern” style homes built in the 1940’s (another is located at the corner of Hanna and Parkhurst). The home is located at a very prominent corner property (Hanna Road/Parklea Drive intersection) within the area included in the Leaside Heritage Conservation District nomination. The application therefore represents the loss of a significant Leaside character home at a prominent location on the access road to Leaside High School. The 15 requested variances (8 when duplications are considered) amount to an over-development of a very prominent lot:

  1. Proposed Floor Space Index (FSI) of 0.654 times the area of the lot WHEREAS a maximum FSI of 0.60 times the area of the lot is permitted. This represents 10.9% over the permitted FSI. This is not a minor variance.
  2. Proposed lot coverage of 40% of the lot area WHEREAS a maximum of 35% of the lot area is permitted. Any variance to coverage represents an over building of the site since the permitted coverage is set greater than the permitted FSI. This is not a minor variance.
  3. Proposed building height of 8.84m WHEREAS a minimum of 8.5m is permitted. This variance will disrupt the uniform height of the street which is below the permitted height.
  4. Proposed front yard soft landscaping area of 45.2% whereas 75% is required. This represents 39.7% over the permitted and is contrary to the environmental objectives of the city
  5. Proposed side yard soft landscaping area of 55.9% whereas 75% is required. This represents 25.5% over the permitted and is contrary to the environmental objectives of the city
  6. Proposed north side yard setback of 0.53M whereas 1.2M is required. Any variance to side yards next to the neighbour represents a loss of amenity to the neighbour. This is not a minor variance.
  7. Proposed south side yard setback of 0.45M whereas 1.2M is required. This represents a loss to the public realm on a prominent corner and access to the High School.
  8. Proposed parking space of 2.72M whereas 3.2M is required

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Committee of Adjustment

Committee of Adjustment Applications – April 30, 2014

Two Committee of Adjustment applications for Leaside are coming before the North York panel on April 30, 2014. The affected addresses are 314 Rumsey Rd. and 1 Rutherglen Ave. Both applications involve significant variances. The description of the requested variances and the drawings for each project are in the PDF file available here for download. If you have questions or wish support on making an objection to either of these applications, please email us via our contact form.

Committee of Adjustment Applications – Leaside – April 30, 2014