20 Sandringham Drive - Consent and Minor Variance Applications - Request for Further Direction Regarding Local Planning Appeal Tribunal Appeals

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The decision

2020-07-28 · Toronto City Council · adopted

As filed

City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to report (July 20, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to report (July 20, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to report (July 20, 2020) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

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4. City Council authorize the public release of Confidential Attachment 2 to report (July 20, 2020) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the without prejudice Settlement Offer dated July 14, 2020, in Confidential Attachment 2 to the report (July 20, 2020) from the City Solicitor, subject to Parts 2 to 4 set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated July 14, 2020 in Confidential Attachment 2 to the report (July 20, 2020) from the City Solicitor , subject to Parts 3 and 4 set out below. 3. City Council's acceptance of the Settlement Offer dated July 14, 2020 is subject to the Owner confirming to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning the following matters: a. the Owner shall submit and obtain a zoning review from the City confirming that no variances are required for the conveyed lot and that no additional variances apart from the rear yard setback variance shown on the Revised Plans are required for the retained lot. 4. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal's Order regarding the consent application be conditional on the Owner fulfilling the following conditions of consent approval: a. confirmation of payment of outstanding taxes to the satisfaction of the Revenue Services Division, in the form of a statement of tax account current to within 30 days of an applicant's request to the Deputy Secretary-Treasurer of the Committee of Adjustment to issue the Certificate of Official; b. municipal numbers for the subject lots indicated on the applicable registered reference plan of survey shall be assigned to the satisfaction of the Supervisor, Surveys, Engineering Support Services, Engineering and Construction Services; c. one electronic copy of the registered reference plan of survey integrated to NAD 83 CSRS (3 degree Modified Transverse Mercator projection), delineating by separate Parts the lands and their respective areas, shall be filed with, and to the satisfaction of, the Manager, Land and Property Surveys, Engineering Support Services, Engineering and Construction Services; d. one electronic copy of the registered reference plan of survey satisfying the requirements of the Manager, Land and Property Surveys, Engineering Support Services, Engineering and Construction Services shall be filed with the Deputy Secretary-Treasurer of the Committee of Adjustment; e. prepare and submit a digital draft of the Certificate of Official, Form 2 or 4, O. Reg. 197/96, referencing either subsection 50(3) or (5) of the Planning Act if applicable as it pertains to the conveyed land and/or consent transaction to the satisfaction of the Deputy Secretary-Treasurer of the Committee of Adjustment; f. once all of the other conditions have been satisfied, the applicant shall request, in writing, that the Deputy Secretary-Treasurer of the Committee of Adjustment issue the Certificate of Official; and g. within one year of the date of the giving of this notice of decision, the applicant shall comply with the above-noted conditions. Confidential Attachment 2 to the report (July 20, 2020) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Janet and Victor Minas (the "Applicants") are the owners of the property municipally known as 20 Sandringham Drive (the "Subject Site"), which is located on the east side of Sandringham Drive, north of Wilson Avenue. The property is zoned R3 under the former North York Zoning By-law No. 7625 and RD (f18.0;a690) in the City of Toronto Zoning By-law No. 569-2013. A portion of the rear yard of the property is located in a ravine.

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The Subject Site currently contains a single detached residential dwelling and has a total lot frontage of 49 metres and a lot area of 4,971.08 square metres. In 2016, the Applicants submitted a Consent to Sever application to the Committee of Adjustment, North York Panel, (the "Committee") proposing to sever the Subject Site to create a new residential building lot (municipal file no.: B0060/16NY) (the "Consent Application"). The existing dwelling was proposed to be maintained on the retained lot. The retained lot was proposed to have a lot frontage of 19.6 metres and a lot area of 3,990.12 square metres. The conveyed lot was proposed to have a frontage of 29.4 metres and a lot area of 980.96 square metres. Both the retained and conveyed lots created by the proposed severance are in compliance with the minimum requirements for lot frontage and lot area under both applicable zoning by-laws. City Planning staff submitted a report to the Committee dated March 13, 2017, expressing concern with the configuration of the proposed severance in the Consent Application (the "Staff Report"). Planning noted that the configuration of the two proposed lots would create a situation where the conveyed parcel would be situated substantially in front of the retained parcel, creating a 'house behind a house' condition. The Staff Report also noted that while no building plans for the conveyed lot were submitted with the Consent Application, any new house constructed on the conveyed parcel would likely require front and rear yard variances. As a result, the Staff Report recommended refusal of the Consent Application as configured at that time. At its hearing on March 22, 2017, the Committee refused the Consent Application. The Committee's decision was appealed to the Ontario Municipal Board (the "OMB") (now the "Local Planning Appeal Tribunal" or "LPAT"). The original OMB hearing regarding the Consent Appeal was scheduled to be heard in September 2017, but was adjourned to allow the Applicants time to revise their proposal. A new hearing date in January 2018 was again adjourned to allow time for revisions. In 2019, the Applicants submitted a related Minor Variance application to the Committee (municipal file no.: A0246/19NY) (the "Minor Variance Application"). The Minor Variance Application sought a rear yard setback variance for the existing dwelling on the retained lot from the minimum requirement of 20.74 metres (under the By-law 569-2013) to 8.66 metres. The variance was now required because of revisions to the proposed Consent Application, which included a dedication of a portion of the rear yard located in the ravine to the Toronto and Region Conservation Authority ("TRCA"). This would have the effect of moving up the rear property line, causing the rear of the existing dwelling to no longer meet the minimum rear yard setback distance and necessitating the variance requested. At its hearing on June 5, 2019, the Committee decided to defer consideration of the Minor Variance Application. The Committee's decision was appealed to the LPAT. The minor variance appeal was consolidated with the existing consent appeal (the "Appeals"). The Appeals are known as LPAT Case No. PL170431. A 3-day LPAT hearing for the consolidated Appeals was scheduled for May 27, 2020. However, as a result of the Covid-19 pandemic and the Province of Ontario's emergency order under Ontario Regulation 73/20, the LPAT hearing was cancelled and will be rescheduled in the future. The purpose of this report is to request instructions regarding the LPAT Appeals. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.

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4. City Council authorize the public release of Confidential Attachment 2 to this report, if the confidential recommendations contained in Confidential Attachment 1 to this report are adopted by City Council.

On the record

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