COMMITTEE OF ADJUSTMENT AGENDA SCARBOROUGH PANEL

Transcription

1 [ [ City Planning Division Denise Rundle Manager & Deputy Secretary Treasurer Committee of Adjustment 150 Borough Drive Toronto ON M1P 4N7 Tel: Fax: COMMITTEE OF ADJUSTMENT AGENDA SCARBOROUGH PANEL Hearing Date: January 21, 2016 Time: 9:30 a.m. Location: Council Chamber - Scarborough Civic Centre Borough Drive 1. OPENING REMARKS Declarations of Interest Confirmation of Minutes from Previous Hearing 2. DEPUTATION ITEMS The following applications will be heard at 9:30 a.m. or shortly thereafter: File Number Owner Property Community (Ward) COMBINED APPLICATIONS 1. B034/15SC, A195/15SC, A196/15SC, A197/15SC, A198/15SC & A199/15SC 2. B056/15SC, A347/15SC, A348/15SC GRO-CO DEVELOPMENT INC ROWSHONARA RAHMAN HABIBUR RAHMAN EUCLID AVE Scarborough East (44) 69 HOMESTEAD RD Scarborough East (44) 3. B058/15SC, A359/15SC, A360/15SC MALA MURSHED PATHAN 91 & 93 BROOKLAWN AVE Scarborough Southwest (36) 1

2 [ [ 1 [ 839 [ [ 20 [ [ [ 4 [ [ 35 [ [ MINOR VARIANCE APPLICATIONS 4. A149/15SC ONTARIO INC 116 MANVILLE RD Scarborough Southwest (35) 5. A203/15SC PETER AND FLORA ENTERPRISES INC. 6. A208/15SC ZHICHUN PENG 7. A236/15SC XIAOBIN LU 40 MELFORD DR Scarborough-Rouge River (42) LARWOOD BLVD Scarborough Southwest (36) ELLESMERE RD Scarborough Centre (37) 8. A276/15SC & A277/15SC NADIA NEGAH MUSTAFA NEGAH 412 ROUGE HILLS DR Scarborough East (44) 9. A295/15SC LAYLA SEBRAWE 10. A304/15SC CHANDRA SIVARAJAH SIVARAJAH SIVAPRAGASM 11. A312/15SC JUDYTA GELETKA TOMASZ CHOJNOWSKI 12. A324/15SC XIAO YAN LIU 13. A327/15SC ST JOHNS UNITED CHURCH 14. A337/15SC KANIG RABEYA BIN MAZHAR NOZIRUL HAQUE 15. A350/15SC QUEENSCORP (ELLESMERE) INC. QUEENSCORP ELLESMERE INC[ 16. A356/15SC JAMES MCARTHUR NEILSON AVE Scarborough Southwest (36) 15 DARLINGSIDE DR Scarborough East (44) 56 MACK AVE Scarborough Southwest (35) LOVERING RD Scarborough-Agincourt (39) 2 NOBERT RD Scarborough-Agincourt (40) 276 SCARBORO CRES Scarborough Southwest (36) 1100 ELLESMERE RD Scarborough Centre (37) BERTHA AVE Scarborough Southwest (35) 17. A357/15SC NICHOLAS UYAN SEVILLA LUDINILA SEVILLA 344 BURROWS HALL BLVD Scarborough-Rouge River (42) 18. A379/15SC NORMAN DANIEL RYAN PATRICK SEAN RYAN KERI ELIZABETH AASEN 1 LYNNDALE RD Scarborough Southwest (36) 2

3 [ 2 [ 70 [ [ 19. A381/15SC ABDUL LATIF ABBASI 20. A384/15SC HITESHI JHAVERI OSMI HOMES INC[ 21. A389/15SC JOHN HUGHES 22. A394/15SC SHARMELA HARDIAL INDAR HARDIAL 23. A395/15SC TOME DELOV ANNIE CHAMPAGNE HADDON AVE Scarborough Southwest (36) 6 IVAN ROAD Scarborough East (44) DORSET RD Scarborough Southwest (36) 3 PANMURE CRES Scarborough Centre (37) 37 ELMVIEW DR Scarborough Southwest (36) 3. OTHER BUSINESS None 4. ONTARIO MUNICIPAL BOARD Appeal(s): There were no appeals arising from December 10, 2015 Hearing. 5. DATE OF NEXT MEETING: The next regularly scheduled meeting of the Committee of Adjustment is February 18, 2016 at 9:30 a.m., in the Meeting Hall. 6. ADJOURNMENT. 3

4 The following applications will be heard at 9:30 a.m. or shortly thereafter: EUCLID AVE File Number: B034/15SC, A195/15SC, A196/15SC, A197/15SC, A198/15SC & A199/15SC Zoning Single Family (S) & Residential Detached (RD) Zone [Waiver] Owners: GRO-CO DEVELOPMENT INC Ward: Scarborough East (44) Agent: WAYNE HABBIB Heritage: Not Applicable Property Address: EUCLID AVE Community: Highland Creek Community Legal Description: PLAN 2098 PT LOTS 66, 67, 68 & 69 THE CONSENT REQUESTED: Proposal to sever the land into 5 lots for single family houses, as shown on the attached Lot Division Plan. The following is a description of the proposed lots: PART 1 PARTS 2 & 3 PART 4 PARTS 6, 8, 9 29 Euclid Avenue m frontage & m 2 lot area 31 Euclid Avenue m frontage & m 2 lot area 33 Euclid Avenue m frontage & 674 m 2 lot area 31 Starfire Drive 11.7 m frontage & m 2 lot area PARTS 7, 10, Starfire Drive 9.27 m frontage & m 2 lot area Part 5 is a proposed 1.0 m 2 parcel to be conveyed to the City to complete the Starfire Road allowance. REQUESTED VARIANCES TO THE ZONING BY-LAW: 29 Starfire Drive (File A195/15SC) Zoning By-law No The proposed floor area is 0.59 x the area of the lot to a maximum of 362 m 2 Whereas the maximum permitted floor area is 0.5 x the area of the lot to a maximum of 279 m 2 2. The proposed side yard setbacks are 1.24 m Whereas the minimum required side yard setback is 1.8 m for a two storey dwelling 4

5 3. The proposed lot area is 613 m 2 Whereas the minimum required lot area is 696 m 2 4. The proposed lot frontage is 9.2 m Whereas the minimum required lot frontage is 15 m Zoning By-law No The proposed floor area is 0.59 x the area of the lot to a maximum of 362 m 2 Whereas the maximum permitted floor area is 0.5 x the area of the lot to a maximum of 279 m 2 6. The proposed lot frontage is 9.27 m and the proposed lot area is 613 m 2 Whereas the minimum required lot frontage and lot area is that which existed on the day of the passing of the by-law. The parcel of land that existed on the day of the passing of the by-law comprised Parts 10 and 11, which had a lot frontage of 9.27 m and a lot area of m Starfire Drive (File A196/15SC) Zoning By-law No The proposed floor area is 0.54 x the area of the lot (383 m 2 ) Whereas the maximum permitted floor area is 0.4 x the area of the lot (285 m 2 ) 2. The proposed lot frontage is 11.7 m Whereas the minimum required lot frontage is 15 m 3. The proposed side yard setbacks are 1.25 m (east side) and 1.66 m (west side) Whereas the minimum required side yard setback is 1.8 m for a two storey dwelling Zoning By-law No The proposed building length is 18.5 m Whereas the maximum permitted building length is 17 m 5. The proposed lot frontage is 11.7 m and the proposed lot area is m 2 Whereas the minimum required lot frontage and lot area is that which existed on the day of the passing of the by-law. On the day of the passing of the by-law, the proposed lot formed part of a lot at 33 Euclid Avenue that had a lot frontage of m on Euclid Avenue and a lot area of 2,027.3 m 2, and two parcels of land on Starfire Drive comprised of Parts 10 and 11, which had a lot frontage of 9.27 m and a lot area of m 2 ; and Part 8, which had a lot frontage of 3.3 m and a lot area of 46.9 m Euclid Avenue (File A197/15SC) Zoning By-law No The proposed floor area is 0.59 x the area of the lot to a maximum of 383 m 2 Whereas the maximum permitted floor area is 0.5 x the area of the lot to a maximum of 279 m 2 2. The proposed east and west side yard setbacks are 1.2 m Whereas the minimum required side yard setback is 1.8 m for a two storey dwelling 5

6 3. The proposed lot area is 648 m 2 Whereas the minimum required lot area is 696 m 2 Zoning By-law No The proposed floor area is 0.59 x the area of the lot to a maximum of 383 m 2 Whereas the maximum permitted floor area is 0.5 x the area of the lot to a maximum of 279 m 2 5. The proposed lot frontage is m and the proposed lot area is 648 m 2 Whereas the minimum required lot frontage and lot area is that which existed on the day of the passing of the by-law. The lot that existed on the day of the passing of the by-law at 29 Euclid Avenue had a lot frontage of 18.9 m and a lot area of m Euclid Avenue (File A198/15SC) Zoning By-law No The proposed floor area is 0.59 x the area of the lot to a maximum of 383 m 2 Whereas the maximum permitted floor area is 0.5 x the area of the lot to a maximum of 279 m 2 2. The proposed east and west side yard setbacks are 1.21 m Whereas the minimum required side yard setback is 1.8 m for a two storey dwelling 3. The proposed lot area is 648 m 2 Whereas the minimum required lot area is 696 m 2 Zoning By-law No The proposed floor area is 0.59 x the area of the lot to a maximum of 383 m 2 Whereas the maximum permitted floor area is 0.5 x the area of the lot to a maximum of 279 m 2 5. The proposed lot frontage is m and the proposed lot area is 648 m 2 Whereas the minimum required lot frontage and lot area is that which existed on the day of the passing of the by-law. The lot that existed on the day of the passing of the by-law at 33 Euclid Avenue had a lot frontage of m and a lot area of 1,166.7 m 2 ; and the lot that existed on the day of the passing of the by-law at 29 Euclid Avenue had a lot frontage of 18.9 m and a lot area of m Euclid Avenue (File A199/15SC) Zoning By-law No The proposed floor area is 0.59 x the area of the lot to a maximum of 397 m 2 Whereas the maximum permitted floor area is 0.5 x the area of the lot to a maximum of 279 m 2 2. The proposed east and west side yard setbacks are 1.5 m Whereas the minimum required side yard setback is 1.8 m for a two storey dwelling 3. The proposed lot area is 674 m 2 Whereas the minimum required lot area is 696 m 2 6

7 Zoning By-law No The proposed floor area is 0.59 x the area of the lot to a maximum of 397 m 2 Whereas the maximum permitted floor area is 0.5 x the area of the lot to a maximum of 279 m 2 5. The proposed lot frontage is m and the proposed lot area is 674 m 2 Whereas the minimum required lot frontage and lot area is that which existed on the day of the passing of the by-law. The lot that existed on the day of the passing of the by-law at 33 Euclid Avenue had a lot frontage of m and a lot area of 1,166.7 m 2. 7

8 STARFIRE DRIVE Part 1 Parts 2, 3 Part 4 Parts 6, 8, 9 Parts 7, 10, 11 STARFIRE DRIVE Part 5 Proposed lots shown in heavy black lines 8

9 2. 69 HOMESTEAD RD File Number: B056/15SC, A347/15SC, A348/15SC Zoning RD - Residential Detached/ S- Single Family Residential [WAIVER] Ward: Scarborough East (44) [ Owner(s): ROWSHONARA RAHMAN HABIBUR RAHMAN Agent: ALEX BOROS DESIGN INC. Heritage: Not Applicable Property Address: 69 HOMESTEAD RD Community: West Hill Community Legal Description: PLAN 3006 PT LOT 43 RP 64R5685 PART 1 THE CONSENT REQUESTED: This application is for consent to sever the land into two lots. The lot to be conveyed would have a frontage of metres and a lot area of square metres. The retained lot would have a frontage of metres and a lot area of square metres. The proposed lots are shown on the attached Site Plan. The owner is proposing to demolish the existing house and build two new detached houses. In order to facilitate the proposed development, relief from the provision of the Zoning By-law was requested, as outlined in A347/15SC and A348/15SC. 69 A Homestead Road (A347/15SC) By-law No To permit the proposed metres lot frontage, whereas the Zoning By-law requires a minimum 12 metres lot frontage. 2. To permit the proposed floor space index of 0.59 times the lot area, whereas the Zoning By-law permits maximum floor space index of 0.5 times the lot area. 3. To permit the proposed 0.91 metres south side yard setback, whereas the Zoning By-law requires a minimum 1.2 metres side yard setback. By-law No To permit the proposed metres lot frontage and metres at the front yard at the building setback line, whereas the Zoning By-law requires a minimum 12 metres lot frontage and a minimum of 13 metres at the front yard at the building setback line. 5. To permit the proposed floor space index of 0.59 times the lot area, whereas the Zoning By-law permits maximum floor space index of 0.5 times the lot area. 6. To permit the proposed 0.91 metres south side yard setback and 1.22 metres north side yard setback, whereas the Zoning By-law requires a minimum 1.8 metres side yard setback. 9

10 69 B Homestead Road (A348/15SC) By-law No To permit the proposed metres lot frontage, whereas the Zoning By-law requires a minimum 12 metres lot frontage. 2. To permit the proposed floor space index of 0.59 times the lot area, whereas the Zoning By-law permits maximum floor space index of 0.5 times the lot area. 3. To permit the proposed 0.91 metres north side yard setback, whereas the Zoning By-law requires a minimum 1.2 metres side yard setback. By-law No To permit the proposed metres lot frontage and metres at the front yard at the building setback line, whereas the Zoning By-law requires a minimum 12 metres lot frontage and a minimum of 13 metres at the front yard at the building setback line. 5. To permit the proposed floor space index of 0.59 times the lot area, whereas the Zoning By-law permits maximum floor space index of 0.5 times the lot area. 6. To permit the proposed 0.91 metres north side yard setback and 1.22 metres south side yard setback, whereas the Zoning By-law requires a minimum 1.8 metres side yard setback. 10

11 Retained Conveyed Lot Division Plan Applicant s Submitted Drawing Not to Scale 69 Homestead Road File # B056/15SC, A347/15SC, A348/15SC 11/18/2015 PB Attachment 2 11

12 3. 91 & 93 BROOKLAWN AVE File Number: B058/15SC, A359/15SC, A360/15SC Zoning RD - Residential Detached/S - Single Family Residential [ZZC] Scarborough Southwest (36) [ Owner(s): MALA MURSHED PATHAN Ward: Agent: ST ENGINEERING Heritage: Not Applicable Property Address: 91 & 93 BROOKLAWN AVE Community: Cliffcrest Community Legal Description: PLAN 2347 LOT 379 TO 380 PT LOT 378 THE CONSENT REQUESTED: This application is for consent to sever the land into two lots. The lot to be conveyed and the retained lot would have a frontage of metres and a lot area of square metres. The proposed lots are shown as 91 and 93 Brooklawn Ave. on the attached Lot Division Plan. The owner is proposing to demolish the existing house and build two new detached houses. Retained Lot - 91 Brooklawn Avenue (A359/15SC) By-law No To permit the proposed square metres floor area or 0.61 times the lot area, whereas the Zoning By-law permits maximum square metres floor area or 0.5 times the lot area. 2. To permit the proposed 50% of the front and rear main wall to be under 7 meters, whereas the Zoning By-law requires a minimum of 60% of the front and rear main wall to be under 7 metres. 3. To permit the proposed 10.8 metres front yard setback, whereas the Zoning By-law requires a minimum 12.5 metres front yard setback. By-law No To permit the proposed square metres floor area or 0.61 times the lot area, whereas the Zoning By-law permits maximum square metres floor area or 0.4 times the lot area. 5. To permit the proposed 9.53 metres building height, whereas the Zoning By-law permits maximum 9 metres building height. 6. To permit the proposed 13.4 metres rear yard setback, whereas the Zoning By-law requires a minimum 14.6 metres rear yard setback. Conveyed Lot - 93 Brooklawn Avenue (A160/15SC) By-law No To permit the proposed square metres floor area or 0.57 times the lot area, whereas the Zoning By-law permits maximum square metres floor area or 0.5 times the lot area. 12

13 By-law No To permit the proposed square metres floor area or 0.56 times the lot area, whereas the Zoning By-law permits maximum square metres floor area or 0.4 times the lot area. 3. To permit the proposed 9.22 metres building height, whereas the Zoning By-law permits maximum 9 metres building height. 4. To permit the proposed 13.2 metres rear yard setback, whereas the Zoning By-law requires a minimum 14.6 metres rear yard setback. 13

14 Variances for 93 Brooklawn Ave (A360/15SC): Floor Area Building Height Rear Yard Setback Conveyed Retained Variances for 91 Brooklawn Ave (A359/15SC): Floor Area Main Wall Height Front Yard Setback Building Height Rear Yard Setback Lot Division Plan Applicant s Submitted Drawing Not to Scale 91 Brooklawn Avenue File # B058/15SC, A359/15SC, A360/15SC 12/01/2015 PB Attachment 2 14

15 MANVILLE RD File Number: A149/15SC Zoning Employment Heavy Industrial (EH) & Special Industrial (MS) and Vehicle Service (VS) Zone [ZR] Owners: ONTARIO INC Ward: Scarborough Southwest (35) Agent: AHMAD RAZZAGH Property Address: 116 MANVILLE RD Employment District: Golden Mile Employment District Legal Description: PLAN 3759 PT LOT 12 PURPOSE OF THE APPLICATION: The owners of the property are proposing to reconfigure the current informal parking and storage arrangements and are requesting variances for the existing office building and vehicle service and repair shops. REQUESTED VARIANCES TO THE ZONING BY-LAW: By-law No : 1. The existing uses include a 445 m 2 office area Whereas office uses are not permitted in the Employment Heavy Industrial (EH) Zone 2. Eleven (11) parking spaces would have no setback from the street line at Manville Road, and Four (4) parking spaces would have no setback from the street line at Sherry Road Whereas a parking space in a street yard must be at least 3 m from the front lot line and side lot lines 3. The number of parking spaces proposed to be located in the street yard adjacent to Sherry Road is 65; the number of parking spaces proposed to be located in the street yard adjacent to Manville Road is 11; Whereas 13 parking spaces are permitted in the street yard adjacent to Sherry Road, and 6 parking spaces are permitted in the street yard adjacent to Manville Road. 4. Proposed 68 parking spaces on the site A minimum of 80 parking spaces are required (6 parking spaces for the office use; 74 parking spaces for the vehicle repair and service shops) By-law No : 5. Automotive vehicle parking and storage is provided for the vehicle repair garages and vehicle service garages in the street yards Whereas automotive vehicle parking and storage is prohibited in all street yards for vehicle repair garages and vehicle service garages 6. Proposed 68 parking spaces on the site Whereas a total of 121 parking spaces are required for the office use and the vehicle repair garages and vehicle service garages 15

16 7. The number of parking spaces proposed to be located in the street yard adjacent to Sherry Road is 65; the number of parking spaces proposed to be located in the street yard adjacent to Manville Road is 11; Whereas 13 parking spaces are permitted in the street yard adjacent to Sherry Road, and 6 parking spaces are permitted in the street yard adjacent to Manville Road. 16

17 Site Plan Applicant s Submitted Drawing Not to Scale 116 Manville Road File # A149/15SC 04/01/2016 Attachment 2 17

18 5. 40 MELFORD DR [ File Number: A203/15SC Zoning MS - Special Industrial (ZR) Owner(s): PETER AND FLORA ENTERPRISES INC. Ward: Scarborough-Rouge River (42) Agent: SRITHARAN SUBRAMANIAM Heritage: Not Applicable Property Address: 40 MELFORD DR Community: Marshalling Yard Employment District Legal Description: 66R8768 PARTS 2 & 3 PLAN M1546 S1/2 OF BLK M PURPOSE OF THE APPLICATION: To maintain the existing vehicle repair garage at 40 Melford Drive - Unit 1. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law To permit the existing vehicle repair garage in Unit 1. Whereas a vehicle repair garage is not a permitted use in the Special Industrial (MS) zone. 18

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20 6. 1 LARWOOD BLVD File Number: A208/15SC Zoning O - Open Space/S - Single Family and Open Space - Natural Zone/Residential Detached (ZR) Owner(s): ZHICHUN PENG Ward: Scarborough Southwest (36) Agent: GABRIELA GRIGORIU Property Address: 1 LARWOOD BLVD Community: Cliffcrest Community Legal Description: RP 66R5433 PART 2 PLAN M350 LOT 2 PT BLK J PURPOSE OF THE APPLICATION: To construct a two-storey addition to the existing dwelling. The property is zoned Open Space - Natural Zone/Residential Detached (By-law No ) and Major Open Spaces/Single Family Residential (By-law No. 9396). The majority of the property is zoned Open Space - Natural Zone and Major Open Spaces, which does not permit residential uses, but the house was built before the By-laws were passed. Any proposal to construct an enlargement or extension to a building for a legal non-conforming use requires the permission of the Committee of Adjustment. REQUESTED PERMISSION UNDER S.45 (2) OF THE PLANNING ACT: To construct a two-storey addition to the existing legal non-conforming house for a maximum gross floor area of 480 m². Whereas the enlargement or extension of the building requires the approval of the Committee of Adjustment under s. 45 (2) of the Planning Act. 20

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22 ELLESMERE RD File Number: A236/15SC Zoning Single Family (S) & Residential Detached (RD) Zone [Waiver] Owner: XIAOBIN LU Ward: Scarborough Centre (37) Agent: LHW ENGINEERING CO LTD Heritage: Not Applicable Property Address: 839 ELLESMERE RD Community: Dorset Park Community Legal Description: PLAN 5280 LOT 15 PURPOSE OF THE APPLICATION: This application is for variances for an existing ancillary building that is being used for a workshop and storage purposes. REQUESTED VARIANCES TO THE ZONING BY-LAW: By-law No : 1. The coverage of the existing ancillary buildings is 10.5% Whereas the maximum permitted coverage of all ancillary buildings is 10% 2. The height of the existing ancillary building is 5.05 m Whereas the maximum permitted height of the ancillary building is 4 m 3. Soft landscaping covers 19.9% of the rear yard Whereas the minimum required soft landscaping in the rear yard is 50% 22

23 W Y E V A L L E Y R O A D E L L E S M E R E R O A D 23

24 ROUGE HILLS DR File Number: A276/15SC & A277/15SC Zoning Single Family (S) & Residential Detached (RD) Zone [ZR] Owners: NADIA NEGAH Ward: Scarborough East (44) MUSTAFA NEGAH Agent: MUSTAFA NEGAH Heritage: Not Applicable Property Address: 412 ROUGE HILLS DR Community: Centennial Community Legal Description: PLAN 284 LOT 176 TO 177 PURPOSE OF THE APPLICATION: This application is for variances to permit the construction of two houses on the property at 412 Rouge Hills Drive. The property consists of two whole lots in a Registered Plan (Lots 176 and 177, Plan 284), so the lots can be conveyed without the consent of the Committee of Adjustment. The lot shown as Lot 176 on the attached Site Plan has a frontage of m on Rouge Hills Drive and a lot area of approximately 1,046 m 2. The lot shown as Lot 177 has a frontage of m and a lot area of approximately 1,075 m 2. REQUESTED VARIANCES TO THE ZONING BY-LAW: Lot 176 (File A276/15SC) By-law No The proposed lot frontage is m Whereas the minimum required lot frontage is 18 m 2. The proposed building length is m Whereas the maximum permitted building length is 17 m 3. The proposed building depth is m Whereas the maximum permitted building length is 19 m 4. The proposed floor area is m 2 Whereas the maximum permitted floor area is m 2 By-law No The proposed lot frontage is m Whereas the minimum required lot frontage is 18 m 6. The proposed building height is 9.65 m Whereas the maximum permitted building height is 9 m 24

25 7. The proposed floor area is 428 m 2 Whereas the maximum permitted floor area is m 2 Lot 177 (File A277/15SC) By-law No The proposed lot frontage is m Whereas the minimum required lot frontage is 18 m 2. The proposed building length is m Whereas the maximum permitted building length is 17 m 3. The proposed building depth is m Whereas the maximum permitted building length is 19 m 4. The proposed floor area is m 2 Whereas the maximum permitted floor area is 430 m 2 By-law No The proposed lot frontage is m Whereas the minimum required lot frontage is 18 m 6. The proposed building height is 9.61 m Whereas the maximum permitted building height is 9 m 25

26 Site Plan Applicant s Submitted Drawing Not to Scale 412 Rouge Hills Drive Files # A276/15SC & A277/15SC 04/01/2016 Attachment 2 26

27 9. 20 NEILSON AVE File Number: A295/15SC Zoning Single Family (S) & Residential Detached (RD) Zone [Waiver] Owner: LAYLA SEBRAWE Ward: Scarborough Southwest (36) Agent: DANILO MARASIGAN Heritage: Not Applicable Property Address: 20 NEILSON AVE Community: Cliffcrest Community Legal Description: PLAN 2347 LOT 219 PURPOSE OF THE APPLICATION: This application is for a proposal to construct a two-storey detached dwelling. At the hearing on November 12, 2015, the Committee of Adjustment deferred consideration of the application at the applicant's request. There have been no changes to the application since the November 12 hearing. REQUESTED VARIANCES TO THE ZONING BY-LAW: By-law No and By-law No. 9396: 1. The proposed north side yard setback is 0.64 m Whereas the minimum required side yard setback is 0.9 m 2. The proposed lot coverage is 36% Whereas the maximum permitted lot coverage is 33% By-law No : 3. The proposed side main walls would be 100% above 7 m in height (7.5 m) Whereas 100% of side main walls are required to be below 7 m in height measured from established grade 4. The proposed front yard setback is 6.64 m Whereas the minimum required front yard setback is 6.34 m 27

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29 DARLINGSIDE DR File Number: A304/15SC Zoning RD - Residential Detached and S - Single Family (ZR) Owner(s): CHANDRA SIVARAJAH Ward: Scarborough East (44) SIVARAJAH SIVAPRAGASM Agent: KAUSHIK SUTHAR Heritage: Not Applicable Property Address: 15 DARLINGSIDE DR Community: West Hill Community Legal Description: PLAN 5728 LOT 44 PURPOSE OF THE APPLICATION: To construct a partial second floor addition over the existing split-level dwelling. Note: the basement is considered the first storey and the main level is considered the second storey. The property is a corner lot and Dubbary Avenue is considered the frontage. The Committee of Adjustment previously approved variances for side yard setback, rear yard setback, coverage, and porch dimensions (File A027/03SC, A145/07SC, A124/11SC). REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law The proposed number of storeys is 3. Whereas the maximum permitted number of storeys is The proposed number of side yard platforms (balconies) facing Darlingside Drive is 2. Whereas there may be no more than a total of four platforms (balconies), and no more than one on each of the front, rear and each side of the detached house. Note: the existing porch is considered a platform. 3. The existing/proposed front yard setback is 5.83 m. Whereas the minimum required front yard setback is 7.5 m. 4. The existing/proposed side yard setback abutting a street (Darlingside Drive) is 4.33 m. Whereas the minimum building setback from a side lot line that abuts a street is 5.7 m. 5. The proposed floor area is m². Whereas the maximum permitted floor space index is the lesser of 0.5 times the lot area ( m²) or 279 m². By-law The existing/proposed front yard setback is 5.83 m. Whereas the minimum required front yard setback is 6 m. 7. The existing/proposed west side yard setback is 1.01 m. Whereas the minimum required side yard setback is 1.8 m. 29

30 8. The proposed height is 9.12 m. Whereas the maximum permitted height is 9 m. 9. The proposed floor area is m². Whereas the maximum permitted floor space index is the lesser of 0.5 times the lot area ( m²) or 279 m². 30

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32 MACK AVE File Number: A312/15SC Zoning RD - Residential Detached and S - Single Family (ZR) Owner(s): JUDYTA GELETKA Ward: Scarborough Southwest (35) TOMASZ CHOJNOWSKI Agent: TOMASZ CHOJNOWSKI Heritage: Not Applicable Property Address: 56 MACK AVE Community: Oakridge Community Legal Description: PLAN 1971 PT LOT 2 PURPOSE OF THE APPLICATION: To permit a second suite within the existing dwelling. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law and By-law The existing/proposed number of storeys is 3 (third floor used as living space). Whereas the maximum permitted number of storeys is The proposed number of parking spaces is 0. Whereas the minimum required number of parking space is 2 (one space per dwelling unit). Note: A previous variance was granted for a street yard parking space having a length of 3 m and conditional on an Encroachment Agreement with the City, however, the agreement was not executed (File A163/00SC). 3. The proposed front yard landscaping is 40.98%. Whereas the minimum required front yard landscaping is 50%. 4. The proposed front yard soft landscaping is 21.19%. Whereas the minimum required front yard soft landscaping is 75%. By-law The proposed platform (side deck) is 0.09 m close to the west side lot line. Whereas in a side yard, a platform may encroach into a required minimum side yard setback a maximum of 1.5 m, if it is no closer to the side lot line than 0.3 m. 6. The proposed stairs in the side yard and the front yard are 0.09 m close to the west side lot line. Whereas stairs may encroach into the required minimum building setback if the stairs are no closer to a lot line than 0.6 m. 32

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34 12. 4 LOVERING RD File Number: A324/15SC Zoning RD - Residential Detached and S - Single Family (Waiver) Owner(s): XIAO YAN LIU Ward: Scarborough-Agincourt (39) Agent: CY WONG ASSOCIATES Heritage: Not Applicable Property Address: 4 LOVERING RD Community: L'Amoreaux Community Legal Description: PLAN 4827 LOT 186 PURPOSE OF THE APPLICATION: To construct a new detached dwelling. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law and By-law The proposed height is 9.5 m. Whereas the maximum permitted height is 9 m. 2. The proposed driveway width is 8.85 m. Whereas the maximum permitted driveway width is 6 m. By-law The proposed floor area is 0.56 times the lot area. Whereas the maximum permitted floor area is 0.40 times the lot area. 4. The proposed combined width of the garage entrances is 7.62 m. Whereas the maximum permitted width of garage entrances is 6 m. By-law The proposed garage has parking for three cars. Whereas a maximum two car garage is permitted in a Single Family Dwelling. 6. The proposed floor area is 0.53 times the lot area. Whereas the maximum permitted floor area is 0.40 times the lot area. 7. The proposed width of the garage is 9.4 m. Whereas the maximum permitted width of a garage is 7.6 m. 34

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36 13. 2 NOBERT RD File Number: A327/15SC Zoning RD - Residential Detached and PW - Place of Worship (ZR) Owner(s): ST JOHNS UNITED CHURCH Ward: Scarborough-Agincourt (40) Agent: MARTINDALE PLANNING Heritage: Not Applicable SERVICES Property Address: 2 NOBERT RD Community: Sullivan Community Legal Description: PURPOSE OF THE APPLICATION: To maintain the existing day nursery (Sunshine Montessori School) within the Place of Worship (St. John's United Church). REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law The existing/proposed number of parking spaces is 0. Whereas the minimum required number of parking spaces is 2. By-law The existing/proposed number of parking spaces is 0. Whereas the minimum required number of parking spaces is 4. 36

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38 SCARBORO CRES File Number: A337/15SC Zoning RD - Residential Detached/S - Single Family Residential [ZZC] Owner(s): KANIG RABEYA BIN Ward: Scarborough Southwest (36) MAZHAR NOZIRUL HAQUE Agent: CANTAM GROUP Heritage: Not Applicable Property Address: 276 SCARBORO CRES Community: Cliffside Community Legal Description: PLAN 1566 PT LOT 50 PURPOSE OF THE APPLICATION: The applicant is seeking relief from the provisions of the Zoning By-law to construct a new two storey single family dwelling. The existing dwelling will be demolished. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law No To permit the proposed square metres floor area, whereas the Zoning By-law permits a maximum 279 square metres floor area. 2. To permit the proposed access to parking from Scarboro Crescent, whereas the Zoning By-law requires access to parking from Kelsonia Avenue. By-law No To permit the proposed 4.31 metres front yard building setback, whereas the Zoning By-law requires a minimum 7 metres front yard building setback. 4. To permit the proposed 0.91 metres rear yard setback, whereas the Zoning By-law requires a minimum 7.5 metres rear yard setback. 38

39 VARIANCE: Floor Area Parking Space Access Front Yard Building Setback Rear Yard Setback 39

40 ELLESMERE RD File Number: A350/15SC Zoning MDC - Industrial District Commercial Owner(s): QUEENSCORP (ELLESMERE) INC. QUEENSCORP ELLESMERE Ward: Scarborough Centre (37) INC[ Agent: QUEENSCORP ELLESMERE Heritage: Not Applicable INC Property Address: 1100 ELLESMERE RD Community: Progress Employment District Legal Description: CON 2 PT LOT 27 PURPOSE OF THE APPLICATION: To construct a new one-storey commercial building including a restaurant unit with a drive-through facility. Note: This minor variance application was deferred at the Committee of Adjustment hearing on December 10, 2015 to allow the applicant to revise variance no. 2. Applications for Site Plan Approval (File Number ESC 37 SA) and Zoning By-law Amendment (File Number ESC 37 OZ) have also been submitted and are currently under review. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law To permit the following additional uses: personal service shops (excluding tanning salon, tattoo parlour, shoe repair, clothing alterations, tailor/seamstress); convenience store; medical supply & equipment store; pharmacy; take-out restaurant; dry-cleaning depot; hair salon, esthetician; and photocopying, printing, postal or courier services. Whereas the MDC zone category only permits uses such as: barber shop, day nursery, restaurants, offices, financial institutions and vehicle repair/sales. 2. To permit architectural canopies to project a maximum of 1.0 m into the street yard and roof overhangs to project a maximum of 1.3 m into the street yard. Whereas projections are not permitted into the required 3.0 m street yard setback. 3. To permit 49 parking spaces (at a parking rate of 5 spaces per 100 m² of gross floor area for all forms of restaurants). Whereas the required number of parking spaces is 104 (at a parking rate of 10.7 spaces per 100 m² of gross floor area for all forms of restaurants). 4. To permit the bicycle storage areas (bicycle rings) to be located within the 6 m landscaping strip abutting the street line. Whereas a 6 m landscaping strip abutting the street lines, excluding driveways, is required. 5. To permit the garbage storage area to be located on land not covered by buildings (a 28 m² free-standing in-ground garbage area). Whereas the land area not covered by buildings shall be used for parking, aisles, driveways and landscaping, except that pump islands shall be permitted. 40

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42 BERTHA AVE File Number: A356/15SC Zoning RD - Residential Detached/S - Single Family Residential [ZZC] Owner(s): JAMES MCARTHUR Ward: Scarborough Southwest (35) Agent: JAMES MCARTHUR Heritage: Not Applicable Property Address: 35 BERTHA AVE Community: Clairlea Community Legal Description: PLAN M464 PT LOT 48 PURPOSE OF THE APPLICATION: The applicant is seeking relief from the provisions of the Zoning By-law to construct a new second storey addition and a two-storey rear addition to the existing single family dwelling. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law No To permit the proposed building length of metres measured from the front wall to the rear wall, whereas the Zoning By-law permits maximum building length of 17 metres. 2. To permit the proposed eaves of the roof to be 0 metre close to the south side lot line, whereas the Zoning By-law permits the eaves of a roof to encroach into a required minimum building setback a maximum of 0.9 metres, if they are no closer to a lot line than 0.3 metres. 3. To permit the proposed 45.5% coverage, whereas the Zoning By-law permits maximum 33% coverage. By-law No To permit the proposed 3 metres front yard setback, whereas the Zoning By-law requires a minimum 4.5 metres front yard setback. 5. To permit the existing/proposed 0.15 metres south side yard setback, whereas the Zoning By-law requires a minimum 0.46 metres side yard setback. 6. To permit the existing/proposed 0.46 metres north side yard setback abutting a street, whereas the Zoning By-law requires a minimum 4.5 metres side yard setback abutting a side street. 7. To permit the proposed 45.5% coverage, whereas the Zoning By-law permits maximum 33% coverage. 42

43 VARIANCE: Building Length Eaves Setback to the South Property Line Lot Coverage Front Yard Setback South and North Side yard Setbacks 43

44 BURROWS HALL BLVD File Number: A357/15SC Zoning RD - Residential Detached/S - Single Family Residential [ZZC] [ Owner(s): NICHOLAS UYAN SEVILLA Ward: LUDINILA SEVILLA Agent: ROCKIM DESIGN Heritage: Not Applicable Scarborough-Rouge River (42) Property Address: 344 BURROWS HALL BLVD Community: Malvern Community Legal Description: PLAN M1518 LOT 93 PURPOSE OF THE APPLICATION: The applicant is seeking relief from the provisions of the Zoning By-law to construct a new front porch enclosure attached to the existing dwelling. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law No To permit the proposed 5.19 metres enclosed front porch setback, whereas the Zoning By-law requires a minimum of 8.22 metres front yard setback. By-law No To permit the proposed 5.19 metres enclosed front porch setback, whereas the Zoning By-law requires a minimum of 6 metres front yard setback. 44

45 VARIANCE: Front Porch Setback 45

46 18. 1 LYNNDALE RD File Number: A379/15SC Zoning Single Family (S) & Residential Detached (RD) Zone [ZR] Owners: NORMAN DANIEL RYAN PATRICK SEAN RYAN Ward: Scarborough Southwest (36) [ KERI ELIZABETH AASEN Agent: JOSHUA BROWN Heritage: Not Applicable Property Address: 1 LYNNDALE RD Community: Birchcliff Community Legal Description: PLAN 3169 LOT 37 PURPOSE OF THE APPLICATION: Proposal to construct a second storey addition. REQUESTED VARIANCES TO THE ZONING BY-LAW: By-law No & By-law No. 8786: 1. The existing and proposed building setback from the side lot line that abuts Fallingbrook Road is 0.93 m Whereas the minimum required building setback from a side lot line that abuts a street is 3.6 m 46

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48 19. 2 HADDON AVE File Number: A381/15SC Zoning Single Family (S) or Two- Family (T) & Residential Semi-Detached (RS) Zone [ZR] Owner: ABDUL LATIF ABBASI Ward: Scarborough Southwest (36) Agent: NIA ARCHITECTS INC Heritage: Not Applicable Property Address: 2 HADDON AVE Community: Cliffside Community Legal Description: PLAN 1964 PT LOT 332 PURPOSE OF THE APPLICATION: This application is for a proposal to construct a new two-storey house. REQUESTED VARIANCES TO THE ZONING BY-LAW: By-law No : 1. The proposed building setback from the side lot line that abuts South Edgely Avenue is 1.62 m Whereas the minimum required building setback from a side lot line that abuts a street is 2.4 m 2. The proposed floor area is 0.67 x the area of the lot (182 m 2 ) Whereas the maximum permitted floor area is 0.6 x the area of the lot (163 m 2 ) 3. The proposed lot coverage is 39% Whereas the maximum permitted lot coverage is 33% 4. The proposed roof eaves would be located 0.05 m from the east lot line Whereas the roof eaves may project a maximum of 0.9 m provided that they are no closer than 0.3 m from a lot line By-law No. 9364: 5. The proposed building setback from the side lot line that abuts South Edgely Avenue is 1.62 m Whereas the minimum required building setback from a side lot line that abuts a street is 2.4 m 6. The proposed lot coverage is 39% Whereas the maximum permitted lot coverage is 33% 7. The proposed floor area is 0.65 x the area of the lot (178 m 2 ) Whereas the maximum permitted floor area is 0.6 x the area of the lot (163 m 2 ) 48

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50 20. 6 IVAN ROAD File Number: A384/15SC Zoning Single Family (S) & Residential Detached (RD) Zone [ZR] Owners: HITESHI JHAVERI Ward: Scarborough East (44) OSMI HOMES INC[ Agent: NIA ARCHITECTS INC Heritage: Not Applicable Property Address: 6 IVAN ROAD Community: Centennial Community Legal Description: PLAN 2770 LOT 72 PURPOSE OF THE APPLICATION: This application is for variances for a proposed two-storey detached house. The lot at 6 Ivan Road was created by severing land from the property at 145 Bathgate Drive (File B005/14SC). REQUESTED VARIANCES TO THE ZONING BY-LAW: By-law No : 1. The proposed roof eaves would project 0.67 m and would be located 0.23 m from the south lot line Whereas the roof eaves may project a maximum of 0.9 m provided that they are no closer than 0.3 m from a lot line 2. The proposed floor area is 0.63 x the area of the lot (346 m 2 ) Whereas the maximum permitted floor area is 0.5 x the area of the lot (278.6 m 2 ) By-law No : 3. The proposed floor area is 0.62 x the area of the lot (343 m 2 ) Whereas the maximum permitted floor area is 0.5 x the area of the lot (278.6 m 2 ) 4. The proposed garage height is 3.8 m Whereas the maximum permitted garage height is 3.7 m 50

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52 DORSET RD File Number: A389/15SC Zoning Single Family (S) & Residential Detached (RD) Zone Owner: JOHN HUGHES Ward: Scarborough Southwest (36) Agent: RESIDENTIAL DRAFTING Heritage: Not Applicable SERVICES LTD Property Address: 70 DORSET RD Community: Cliffcrest Community Legal Description: PLAN 2347 LOT 135 PURPOSE OF THE APPLICATION: This application is for variances for a proposal to construct a new two-storey house on the property. REQUESTED VARIANCES TO THE ZONING BY-LAW: By-law No : 1. The proposed coverage is 41.3% of the area of the lot Whereas the maximum permitted coverage is 33% 2. The proposed south side yard setback is 0.6 m Whereas the minimum required side yard setback is 0.9 m 3. The proposed floor area is 0.59 x the area of the lot (255 m 2 ) Whereas the maximum permitted lot area is 0.5 x the area of the lot (216.1 m 2 ) By-law No. 9396: 4. The proposed coverage is 36.6% of the area of the lot Whereas the maximum permitted coverage is 33% 5. The proposed south side yard setback is 0.6 m Whereas the minimum required side yard setback is 0.9 m 6. The proposed floor area is 0.59 x the area of the lot (255 m 2 ) Whereas the maximum permitted lot area is 0.5 x the area of the lot (216.1 m 2 ) 52

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54 22. 3 PANMURE CRES File Number: A394/15SC Zoning RD - Residential Detached/S - Single Family Residential [ZZC] Owner(s): SHARMELA HARDIAL Ward: Scarborough Centre (37) INDAR HARDIAL Agent: FOUR SEASONS SUNROOMS Heritage: Not Applicable Property Address: 3 PANMURE CRES Community: Bendale Community Legal Description: PLAN 4522 LOT 96 PURPOSE OF THE APPLICATION: The applicant is seeking relief from the provisions of the Zoning By-law to construct a one-storey sunroom attached to the rear of the existing one-storey dwelling. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law No To permit the proposed one-storey sunroom attached to the rear of the existing dwelling having a total building length of metres measured from the front wall to the rear wall, whereas the Zoning Bylaw permits maximum building length of 17 metres. 54

55 VARIANCE: Building Length 55

56 ELMVIEW DR File Number: A395/15SC Zoning RD - Residential Detached/S - Single Family Residential [ZZC] Owner(s): TOME DELOV Ward: Scarborough Southwest (36) ANNIE CHAMPAGNE Agent: KBK STUDIOS Heritage: Not Applicable Property Address: 37 ELMVIEW DR Community: Birchcliff Community Legal Description: PLAN 3223 LOT 141 PURPOSE OF THE APPLICATION: The applicant is seeking relief from the provisions of the Zoning By-law to construct a two storey side and rear addition with a second storey addition over the existing one storey dwelling. REQUESTED VARIANCE(S) TO THE ZONING BY-LAW: By-law No To permit the proposed 239 square metres floor area or 0.68 times the lot area, whereas the Zoning Bylaw permits maximum 204 square metres floor area or 0.6 times the lot area. 2. To permit the proposed 36% lot coverage, whereas the Zoning By-law permits maximum 33% lot coverage. 3. To permit the proposed 9.25 metres building height, whereas the Zoning By-law permits maximum 9 metres building height. By-law No To permit the existing/proposed 0.37 metres north side yard setback, whereas the Zoning By-law requires a minimum of 0.45 metres side yard setback. 5. To permit the proposed 36% lot coverage, whereas the Zoning By-law permits maximum 33% lot coverage. 6. To permit the proposed 9.25 metres building height, whereas the Zoning By-law permits maximum 9 metres building height. 7. To permit the proposed 235 square metres floor area or 0.67 times the lot area, whereas the Zoning Bylaw permits maximum 204 square metres floor area or 0.6 times the lot area. 56

57 VARIANCE: Floor Area Lot Coverage Building Height North Side Yard Setback 57