Appeals to TLAB


Oct 19, 2017 –  1780 Avenue Road (former Post Office)

In June, 2017 an application was made to the Committee of Adjustment (CofA) for parking variances to allow for the building to be leased out as a day nursery for a population of 134 infants to school-age children.  SAHRA and OOGRA asked that Transportation Services review this proposal to bring forward recommendations on how best to deal with the drop-off/pick-up situation – this was not done. The CofA refused the application, due to the potential for traffic disruption and concern for public safety.  The Owner and Operator appealed the decision to the Toronto Local Advisory Body (TLAB).  The Hearing was held on Oct 19, 2017. Councillor Carmichael Greb supported the owner/operator in their application and the appeal, without a defined/approved traffic management plan. The TLAB Decision was released on Oct 30, 2017.

The parking space variances refused by the CofA are being granted but we are pleased that TLAB has made this approval subject to two conditions:

  • The approval only applies for so long as it is used as a day nursery
  • Before occupancy, a traffic management plan has to be provided for the handling of arrivals and departures by vehicle of children (including the use of available parking on and off-site) to the satisfaction of the Director of Transportation Planning Services, sufficient to address the safety of pedestrians and the movement of vehicles with a minimum of disruption to traffic flow on the adjacent road network.

Back at the CofA stage, what we were asking for was that Transportation Services be involved before the day nursery opened to develop a plan/sort out logistics as to how they were going to deal with drop-off and pick-up in this location on a major arterial road without causing a dangerous situation and/or impacting traffic flow.  TLAB also recognized the problem.  TLAB has made clear/strong statements about the need to avoid “crises management” by imposing a condition that the operational management issues are to be addressed NOW, before occupancy.

We see this Decision as supporting SAHRA’s and OOGRA’s original position. This application seems to have taken the ‘long way around’ with expensive-handling for both the City and the owner/operator – all for the sake of not properly addressing the safety/traffic concerns at the time of the original application.

Now we hope that Transportation Services will do a good job to ensure that a solid traffic management plan is put into effect for this location.

Update Summer 2018:
Motions were approved by the North York Community Council to allow short term parking on the south side of Melrose and to change the bays in front on Avenue Road to designated short term parking at certain times for drop-off and pick-up for the day nursery.  As well, 4 parking spaces have been constructed on the north side of the property on Melrose Avenue in front of the fenced-in play area.


December 6, 2017 – 1940-1942 Avenue Road

In July, 2017, the Committee of Adjustment (CofA) approved an application for a 2-storey rear addition to the existing two-storey building at 1940-1942 Avenue Road but with a modification to the required rear yard setback.  The required rear yard setback is 7.5 metres; the requested was 1.345m but the CofA approved a setback of 3.7m.  The Owner appealed the decision to the Toronto Local Advisory Body (TLAB).  The Appeal was heard on Dec 6, 2017.  SAHRA and the owner of an adjacent commercial building registered as Participants.  The Decision was released on Jan 29, 2018.  TLAB found that the variances with respect to the rear yard setback are not consistent with the standards of the Zoning By-laws and the policies of the Official Plan, and therefore do not maintain the general intent and purpose of both By-laws and the Official Plan.  The rear yard setback remains as approved by the CofA at 3.7m.

 


December 7, 2017 – 79 Felbrigg Avenue

In July, 2017, the Committee of Adjustment (CofA) approved an application for a 3-storey home at 79 Felbrigg.  SAHRA appealed the decision to the Toronto Local Advisory Board (TLAB) as the By-law in effect in our Neighbourhood specifies that the maximum number of storeys permitted is two.  The Appeal was heard on Dec 7, 2017.  TLAB accepted that the variance for the third storey does not meet the intent and purpose of the Official Plan and zoning by-laws and is not desirable for the appropriate development of the land and is not minor.  Accordingly, the SAHRA appeal was allowed and the variances requested for the 79 Felbrigg application were not authorized.  Councillor Carmichael Greb was not supportive of SAHRA’s efforts to not allow a 3-storey home in the SAHRA area.

 

March 28, 2018 – 444 Elm Road

The Developer has appealed the Committee of Adjustment Decision on Oct 12, 2017 which Approved 8 minor variances but Refused 2 minor variances related to the south side yard setback.  The City did not send legal or planning representatives to the hearing.  The Appeal was approved.

 

 

April 23, 2018 – 8 Haddington Avenue

In Nov, 2017, the Committee of Adjustment (CofA) approved another application for a 3-storey home at 8 Haddington.  SAHRA appealed the decision to the Toronto Local Advisory Board (TLAB) as the By-law in effect in our Neighbourhood specifies that the maximum number of storeys permitted is two.  SAHRA was already appealing a 3-storey application for 79 Felbrigg Avenue with a hearing scheduled for Dec 7, 2017.   The Appeal for 8 Haddington was heard on April 23, 2018.  The TLAB Decision was that the variance for the 3rd storey failed on the test of meeting the general intent and purpose of both the Official Plan and the zoning by-laws and therefore must be denied.  Accordingly, the SAHRA appeal was allowed and the variances requested for the 8 Haddington Ave application were not authorized.  Again, Councillor Carmichael Greb was not supportive of SAHRA’s efforts to not allow a 3-storey home in the SAHRA area.

 


May 4, 2018 – 403 Elm Road

Planning’s initial Staff Report recommended Refusal.  The Transportation Services Report and the Urban Forestry Report recommended Refusal.  SAHRA and adjacent neighbours also submitted objections to this proposed development.  The Owner appealed the Committee of Adjustment Decision on Dec 7, 2017 which Refused the Application. The TLAB hearing was scheduled for May 4, 2018.  Councillor Carmichael Greb was supportive of the applicants; she would not request that City legal/planning resources be engaged to support the CofA decision at the TLAB hearing; she would not provide support to the Neighbours for the TLAB hearing.  No documents or Witness Statements were submitted by the required Due Dates.  On May 4th, no representatives for the applicant attended the hearing.  The TLAB Chair, provided her Decision and Order enforcing the Refusal by the Committee of Adjustment on May 7, 2018.

 

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