Maiolo (Re), 2023 ONTLAB 70

Toronto Local Appeal Body

40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9

Date: 2023-04-13

22 159042 S45 05 TLAB 22 159044 S45 05 TLAB

Maiolo (Re), 2023 ONTLAB 70

DECISION AND ORDER

Issuance Date: April 13, 2023

PROCEEDING COMMENCED UNDER Section 45(12), subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")

Appellant(s): ELIZABETH MAIOLO

Applicant(s): ELIZABETH MAIOLO

Property Address: 3 MAPLE BUSH AVENUE

COA File No.: 21 234964 WET 05 MV (A0571/21EYK) 21 234965 WET 05 MV (A0570/21EYK)

TLAB Case File No.: 22 159042 S45 05 TLAB 22 159044 S45 05 TLAB

Hearing Date(s): Wednesday, February 22, 2023

Decision Delivered By: TLAB Panel Member Blair Martin

REGISTERED PARTIES AND PARTICIPANTS:

People Type	First Initial. Last Name	Representative
Appellant/ Applicant / Primary Owner	E. MAIOLO
Owner	JOHNATHAN MARCUS FRANCESCHI
Party (TLAB)	E. MAIOLO	M. CARA
Participant	A. SAVAGLIO
Participant	B. ELO-SHEPPARD
Expert Witness	F. ROMANO

INTRODUCTION AND CONTEXT

1This was a hearing of an appeal by Elizabeth Maiolo ("Appellant") from a decision of the Committee of Adjustment for the City of Toronto to approve minor variance applications for two newly created lots (Part 1 and Part 2) for the property at 3 Maple Bush Avenue.

2The minor variances requested would allow the construction of two new detached dwellings with attached garages.

3The variances sought were:

1. Section 10.20.30.20.(1)(A), By-law 569-2013 The minimum required lot frontage is 15 m. The lot frontage will be 7.61 m.

2. Section 10.20.30.10.(1)(A), By-law 569-2013 The minimum required lot area is 550 m². The lot area will be 255.09 m².

3. Section 10.20.30.40.(1)(A), By-law 569-2013 The maximum permitted lot coverage is 35% of the lot area (89.28²). The proposed dwelling will cover 38.6% of the lot area (98.43 m²).

4. Section 10.20.40.10.(3)(A), By-law 569-2013 The maximum number of storeys is 2. The proposed dwelling will have 3 storeys.

5. Section 900.3.10.(5)(A), By-law 569-2013 The minimum required side yard setback is 1.8 m. The proposed dwelling will be located 0.61 m from the east side lot line and 1.22 m from the west side lot line.

6. Section 10.20.40.10.(2)(A) & (B), By-law 569-2013 The maximum permitted height of all exterior main walls is 7 m. The proposed height for all of the exterior main walls of the dwelling will be 8.78 m.

7. Section 10.20.40.10.(6), By-law 569-2013 The maximum permitted height of the first floor above established grade is 1.2 m. The proposed dwelling will have a first-floor height 2.15 m above established grade.

8. Section 10.20.40.10.(1)(A), By-law 569-2013 The maximum permitted dwelling height is 10 m. The proposed dwelling will have a height of 10.96 m.

4The Appellant was represented by Mr. Michael Cara.

5Mr. Franco Romano was called to provide expert opinion land use planning evidence on behalf of the appellant.

6Mr. Brian Elo-Shepherd and Ms. Annamaria Savaglio were Participants to the hearing. Both Participants submitted witness statements.

LEGISLATIVE FRAMEWORK

7Variance – S. 45(1)

In considering the applications for variances from the Zoning By-laws, the TLAB Panel must be satisfied that the applications meet all four tests under s. 45(1) of the Act. The tests are whether the variances:

• maintain the general intent and purpose of the Official Plan;
• maintain the general intent and purpose of the Zoning By-law;
• are desirable for the appropriate development or use of the land; and
• are minor.

8A decision by TLAB shall be consistent with the Provincial Policy Statement and shall conform to the Growth Plan for the Greater Golden Horseshoe. (Section 3(5) of the Planning Act of Ontario).

9The property at 3 Maple Bush Avenue is in an area of the city designated Neighbourhoods on Land Use Map 17 of the City of Toronto Official Plan.

10The relevant Official Plan policies identified were Section 2.3.1 – Healthy Neighbourhoods and Section 4.1 – Neighbourhoods.

11Policy 2.3.1(1) states that Neighbourhoods are considered physically stable areas of the city and that development will respect and reinforce the existing physical character of buildings, streetscape, and open space patterns in these areas.

12The property is zoned Residential Detached Zone with the zoning label RD (f15.0; a550) (x5).

13Policy 4.1(5) states that the physical character of the geographic neighbourhood includes both the physical characteristics of the entire geographic area in proximity to the proposed development (the broader context) and the physical characteristics of the properties that face the same street as the proposed development in the same block and the block opposite the proposed development (the immediate context). Proposed development within a Neighbourhood will be materially consistent with the prevailing physical character of properties in both the broader and immediate contexts. In instances of significant difference between these two contexts, the immediate context will be of greater relevance. The determination of material consistency for the purposes of this policy will be limited to consideration of the physical characteristics listed in this policy.

14Policy 4.1(5) states that development in established Neighbourhoods will respect and reinforce the existing physical character of each geographic neighbourhood, including:

• patterns of streets, blocks and lanes, parks and public building sites;
• prevailing size and configuration of lots;
• prevailing heights, massing, scale, density and dwelling type of nearby residential properties;
• prevailing building type(s);
• prevailing location, design and elevations relative to the grade of driveways and garages;
• prevailing setbacks of buildings from the street or streets;
• prevailing patterns of rear and side yard setbacks and landscaped open space;

15Policy 4.1(8) states that zoning by-laws will contain numerical site standards for matters such as building type and height, density, lot sizes, lot depths, lot frontages, parking, building setbacks from lot lines, landscaped open space and any other performance standards to ensure that new development will be compatible with the physical character of established residential Neighbourhoods. Although Neighbourhoods are to be physically stable, the Official Plan recognizes that these areas will experience changes through new development. Policy 4.1(5) provides development criteria for Neighbourhoods.

SUMMARY OF EVIDENCE

16The properties are located on the south side of Maple Bush Avenue, a local road that connects to Weston Road in the Pelmo Park - Humberlea neighbourhood.

17The westerly lot (Part 1) is occupied by a detached house that will be demolished.

18The legal description is Parts 1 and 2, registered Reference Plan 66R-33075, being lots 122 and 123, Registered Plan 1945

19The requested variances were revised through the TLAB Application Disclosure process to eliminate three of the variances sought at the Committee of Adjustment. The minor variances requested from TLAB as of December 13, 2022, are found in the table below.

TABLE ONE: List of Variances, Committee of Adjustment Decision and Applicant Disclosure

Variance List	Decision Notice May 19, 2022 (PART 1)	Decision Notice May 19, 2022 (PART 2)	Applicant Disclosure Zoning Notices December 13, 2022 (PART 1)	Applicant Disclosure Zoning Notices December 13, 2022 (PART 2)
1. Lot Frontage (15m)	1. 7.61m	1. 7.61m	1. 7.61m	1. 7.61m
2. Lot Area (550m²)	2. 255.09m²	2. 255.09m²	2. 255.09m²	2. 255.09m²
3. Lot Coverage (35%)	3. 38.6%	3. 38.6%	3. 38.6%	3. 38.6%
4. Height (2 storeys)	4. 3 storeys	4. 3 storeys	4. 3 storeys	4. 3 storeys
5. Side Yard Setback (1.8m)	5. 0.61m, 1.2m	5. 0.61m, 1.2m	5. 0.61m, 1.2m	5. 0.61m, 1.2m
6. Wall Height (7.0m)	6. 8.6m	6. 8.78m	6. 8.44m	6. 8.54m
7. First Floor (1.2m) (ZBL 569-2013)	7. 1.93m	7. 2.15m	7. 1.38m	7. 1.48m
8. First Floor (1.5m) (ZBL 7625)	8. 3.01m	8. 3.08m
9. Height (10.0m) (ZBL 569-2013)	9. 10.77m	9. 10.96m
9. Height (8.8m) (ZBL 7625)	9. 9.89m	9. 9.89m
10. Porch Side Yard Setback (1.8m)	10. 0.61m west	10. 0.61m east	8. 0.61m west	8. 0.61m east

2 2

20Mr. Romano's opinion was that the revied list of variances did not require further public notice pursuant to s. 45.18 of the Planning Act.

21Policy 4.1(5) of the Official Plan, required Mr. Romano to identify a Geographic Neighbourhood to inform his analysis. The area selected consisted of 82 properties with the interior limits bounded by the Weston Road mixed use corridor, Highway No. 401 to the north, the Humber River valley open space system to the west and the south. The selection of these boundaries was guided by consideration for zoning, prevailing dwelling type and scale, lot size and configuration, street pattern, pedestrian connectivity, and natural and human-made dividing features.

22The Geographic Neighbourhood consists of one, two and three story single detached houses.

23The Geographic Neighbourhood is experiencing new development on both newly created and existing lots. The massing and scale of the dwellings within the Geographic Neighbourhood is varied.

ISSUES AND ANALYSIS

24The Participants both shared concerns about the massing and scale of the proposed detached houses in comparison to existing detached houses on Maple Bush Avenue. A specific concern about the number of storeys proposed (3) versus what is allowed by the existing zoning (2) was raised by both the Participants and TLAB.

25Under examination by both the Participants and TLAB, Mr. Romano replied that all the houses on Maple Bush that had integral garages were considered three-storey because of the definition of Grade in the former North York Zoning By-law 7625.

26Without expert opinion evidence in land use planning from another qualified expert witness, the evidence of Mr. Romano is accepted with respect to the prevalence of three-storey houses in the Geographic Neighbourhood.

27Mr. Romano's expert opinion evidence in land use planning with respect to all the requested variances found in Paragraph [19] to this Decision and Order was that all four tests as set out in s. 45(1) of the Planning Act were satisfied.

CONCLUSION

28TLAB agrees with the expert opinion evidence in land use planning provided by Mr. Romano.

DECISION AND ORDER

29TLAB orders that the following minor variances to Zoning By-law 569-2013 for Parts 1 and 2, registered Reference Plan 66R-33075, being lots 122 and 123, Registered Plan 1945 are approved.

1. Section 10.20.30.20.(1)(A), By-law 569-2013 Lot Frontage - 7.61 m.

2. Section 10.20.30.10.(1)(A), By-law 569-2013 Lot Area - 255.09 m².

3. Section 10.20.30.40.(1)(A), By-law 569-2013 Maximum Permitted Lot Coverage - 38.6% of the lot area (98.43 m²).

4. Section 10.20.40.10.(3)(A), By-law 569-2013 Maximum Number of Storeys - 3 storeys.

5. Section 900.3.10.(5)(A), By-law 569-2013 Minimum Side Yard Setback - 0.61 m from the east side lot line and 1.22 m from the west side lot line.

6. Section 10.20.40.10.(2)(A) & (B), By-law 569-2013 Maximum Permitted Height of all Exterior Main Walls – 8.44 m (Part 1), 8.54 m (Part 2).

7. Section 10.20.40.10.(6), By-law 569-2013 Maximum Permitted Height of the First Floor Above Established Grade - 1.38 m (Part 1), 1.48 m (Part 2).

8. Section 10.5.40.50.(2), By-law 569-2013 Porch Setback – 0.61 m.

[30] Conditions of Minor Variance Approval - Part 1 (East Lot)

1. The proposed dwelling shall be constructed substantially in accordance with the Proposed Site Plan (A101), Front Elevation (A301), Rear Elevation (A302), Side (West) Elevation (A303), and Side (East) Elevation (A304), prepared by RGC Design Group, revision date 01-12-2022.

2. Where there is no existing street tree, the owner shall provide payment in lieu of planting of one street tree on the City road allowance abutting each of the sites involved in the application. The current cash-in-lieu payment is $583/tree.

3. The site plan drawing(s) must be revised to: a. Depict and dimension the required curb cuts for the new driveways;

4. The following notations must be included on the site plan drawings: a. The owner will be required to obtain written approval from the Parks, Forestry and Recreation Division with respect to applicable tree protection and/or tree removal requirements for the existing trees that are located along the frontage of the site; b. All portions of existing driveway and curb cut that are no longer required must be closed and restored in accordance with applicable City standards to the satisfaction of the Transportation Services Division, and at no cost to the City of Toronto; c. The owner must obtain all required permits from the Permits and Enforcement unit of Transportation Services prior to commencing construction, which may include but not be limited to, payment of a Municipal Road Damage Deposit. The owner must contact the Permits and Enforcement unit of Transportation Services in order to obtain the exact particulars of all required permits; and, d. All work within the public right-of-way, including the relocation of any utilities poles or traffic signs, must be done to the satisfaction of the Transportation Services Division, and at no cost to, the City of Toronto.

5. The Site Plan is to indicate proposed grades on the lot lines and at proposed garage door entrances. A positive slope of 2% to 4% should be indicated on each of the proposed driveways, as measured between the curb line of adjacent municipal road to the proposed garage door entrances.

[31] Conditions of Minor Variance Approval - Part 2 (West Lot)

1. The proposed dwelling shall be constructed substantially in accordance with the Proposed Site Plan (A101), Front Elevation (A301), Rear Elevation (A302), Side (East) Elevation (A303), and Side (West) Elevation (A304), prepared by RGC Design Group, revision date 01-12-2022.

2. Where there is no existing street tree, the owner shall provide payment in lieu of planting of one street tree on the City road allowance abutting each of the sites involved in the application. The current cash-in-lieu payment is $583/tree.

3. The site plan drawing(s) must be revised to: a. Depict and dimension the required curb cuts for the new driveways;

4. The following notations must be included on the site plan drawings: a. The owner will be required to obtain written approval from the Parks, Forestry and Recreation Division with respect to applicable tree protection and/or tree removal requirements for the existing trees that are located along the frontage of the site; b. All portions of existing driveway and curb cut that are no longer required must be closed and restored in accordance with applicable City standards to the satisfaction of the Transportation Services Division, and at no cost to the City of Toronto; c. The owner must obtain all required permits from the Permits and Enforcement unit of Transportation Services prior to commencing construction, which may include but not be limited to, payment of a Municipal Road Damage Deposit. The owner must contact the Permits and Enforcement unit of Transportation Services in order to obtain the exact particulars of all required permits; and, d. All work within the public right-of-way, including the relocation of any utilities poles or traffic signs, must be done to the satisfaction of the Transportation Services Division, and at no cost to, the City of Toronto.

5. The Site Plan is to indicate proposed grades on the lot lines and at proposed garage door entrances. A positive slope of 2% to 4% should be indicated on each of the proposed driveways, as measured between the curb line of adjacent municipal road to the proposed garage door entrances.

B. Martin Panel Member