Item - 2023.NY2.18

North York Community Council withdrew the Item.

This motion will give the City Solicitor authority, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to support the Committee of Adjustment's (the "Committee's") decision to refuse the minor variance application (the "Application") in respect of 2 Shady Oaks Crescent (Application Number A0511/22NY). This motion will also give the City Solicitor authority to negotiate a settlement, if appropriate.

The Application proposes to construct a new two-storey dwelling. Five variances from City-wide Zoning By-law 569-2013 (the "City-wide Zoning By-law") and one variance from the former City of North York Zoning By-law 7625 (the "Former North York Zoning By-law") were initially sought to facilitate the proposed construction as follows:

1.  Proposed lot coverage of 35.36 percent of the lot area, whereas a maximum of 25 percent is permitted (pursuant to the City-wide Zoning By-law)
 

2.  Proposed front yard setback of 6.73 metres, whereas a minimum of 9.14 is required (pursuant to the City-wide Zoning By-law)
 

3.  Proposed west side yard setback of 3.0 metres, whereas a minimum of 7.5 metres is permitted (pursuant to the City-wide Zoning By-law)

4.  Proposed east side yard setback of 3.0 metres, whereas a minimum of 7.5 metres is permitted (pursuant to the City-wide Zoning By-law)
 

5.  Proposed access to vehicle parking is from the main street, whereas such access is required from the flanking street or public lane (pursuant to the City-wide Zoning By-law)

6.  Proposed building height of 12.09 metres, whereas 9.5 metres is permitted (pursuant to the Former North York Zoning By-law)

On September 29, 2022, Community Planning Staff recommended a reduction of the lot coverage variance to less than 30 percent of the lot area if the Committee were to approve the Application (see Attachment 1). In Community Planning Staff's opinion, such a reduction would reflect the prevailing lot coverage in the neighbourhood. On the same day, Transportation Services issued a Memorandum stating it had no objections to the Application; however, it recommended that any approval of the Application be subject to a condition that a certain notation be added to the site plan drawing (see Attachment 2).

The applicant subsequently revised their Application, reducing four of the original variances as follows:

1.  Proposed lot coverage of 32.90 percent (a reduction of 2.46 percent from the original Application);
 

2.  Proposed front yard setback of 8.56 metres (an increase of 1.83 metres from the original Application);
 

3.  Proposed west side yard setback of 3.41 metres (an increase of 0.41 metres from the original Application); and
 

4.  Proposed east side yard setback of 3.61 metres (an increase of 0.61 metres from the original Application).

(See Attachment 3 for the applicant's revised plans.)

On October 6, 2022, the Committee denied the requested minor variances (see Attachment 4).

On October 24, 2022, the owner's representative filed a Notice of Appeal to the Toronto Local Appeal Body in respect of the Committee's decision (see Attachment 5). The Toronto Local Appeal Body subsequently issued a Notice of Hearing, and the hearing of the appeal is scheduled for March 3, 2023 (see Attachment 6).