Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
23 201258 S53 18 TLAB, 23 201259 S45 18 TLAB,00000 23 201260 S45 18 TLAB
Voisin (Re), 2024 ONTLAB 189
DECISION AND ORDER
Issuance Date: February 21, 2024
PROCEEDING COMMENCED UNDER Section 53, subsection 53(19), Section 45(12), subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")
Appellant(s): C. Voisin
Applicant(s): HARPER DELL & ASSOCIATES INC
Property Address: 11 Lister Dr.
COA File No.: 23 145919 NNY 18 CO (B0016/23NY) 23 145933 NNY 18 MV (A0279/23NY) 23 145934 NNY 18 MV (A0280/23NY)
TLAB Case File No.: 23 201258 S53 18 TLAB, 23 201259 S45 18 TLAB, 23 201260 S45 18 TLAB
Hearing Date(s): January 18, 2024
Decision Delivered By: TLAB Panel Member B. Martin
REGISTERED PARTIES AND PARTICIPANTS:
| People Type | First Initial. Last Name | Representative |
|---|---|---|
| Owner/ Appellant | C. Voisin | S. Flemming |
| Primary Owner | C. A. Truong | |
| Applicant | HARPER DELL & ASSOCIATES INC |
INTRODUCTION AND CONTEXT
1At its meeting on August 24, 2023, the Committee of Adjustment for the City of Toronto refused an Application for Consent (File B0016/23NY) and two Applications for Minor Variance (File A0279/2NY and A0280/23NY) for the property at 11 Lister Drive.
2The consent to sever application would have allowed the existing property to be divided into two lots.
3The minor variance applications were to reduce the lot frontage and lot areas for each of the new lots.
4The Conveyed lot (Part 1) had a proposed lot frontage of 13.2 m where the minimum lot frontage is 15 m and a proposed lot area of 365.3 square metres where the minimum lot area is 550 square metres.
5The Conveyed lot (Part 2) had a proposed lot frontage of 10.7 m where the minimum lot frontage is 15 m and a proposed lot area of 327.5 square metres where the minimum lot area is 550 square metres.
6On September 11, 2023, the Committee of Adjustment’s decision to refuse the applications was appealed to the Toronto Local Appeal Body by Harper Dell & Associates Inc., the authorized agent and applicant of the Owner.
7Stephanie Fleming represented the Appellant. In support of the appeal, Ms. Fleming called David Igelman, a qualified expert, to give opinion evidence in land use planning.
THE LEGISLATIVE AND POLICY FRAMEWORK
8Provincial Policy – S. 3
A decision of the Toronto Local Appeal Body (‘TLAB’) must be consistent with the 2020 Provincial Policy Statement (‘PPS’) and conform to the Growth Plan for the Greater Golden Horseshoe for the subject area (‘Growth Plan’).
9Consent – S. 53
TLAB must be satisfied that a plan of subdivision is not necessary for the orderly development of the municipality pursuant to s. 53(1) of the Act and that the application for consent to sever meets the criteria set out in s. 51(24) of the Act. These criteria require that " regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
(a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2 of the Planning Act;
(b) whether the proposed subdivision is premature or in the public interest;
(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
(d) the suitability of the land for the purposes for which it is to be subdivided;
(d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
(e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
(f) the dimensions and shapes of the proposed lots;
(g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
(h) conservation of natural resources and flood control;
(i) the adequacy of utilities and municipal services;
(j) the adequacy of school sites;
(k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
(l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
10Variance – 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 of the 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-laws;
are desirable for the appropriate development or use of the land; and
are minor.
SUMMARY OF EVIDENCE
11The property at 11 Lister Dr. is located on the east side of Lister Drive, between Dallas Road and just South of Drewry Ave. The property is generally located north of Finch Ave., south of Drewry Ave., east of Bathurst St., and west of Young St.
12The property is generally located within the neighborhood referred to as Newtonbrook West, within the City of Toronto.
13Newtonbrook West is in an area of the former City of North York. It is characterized by legacy buildings and lots from the 1950’s and 60’s and a series of infill residential developments over the ensuing decades.
14Current lot frontages in Newtonbrook West range from 11 to 27 meters.
15The property is currently occupied by a one-story single detached residential dwelling.
16The property is a corner lot, with a frontage of 19.48 meters along Dallas Road and 26.3. 5 meters along Lister Drive with an average depth of 28.34 meters.
17Within the immediate, adjacent, and broader neighborhood context, the neighbourhood mainly consists of single detached dwellings, which are typically one to two-stories in height.
18Immediately abutting the property to the east is 32 Dallas Rd., which is occupied by a one-story single detached dwelling with a driveway located on the west side of the existing residential building. Immediately abutting the property to the north is 9 Lister Dr., which is a two-story single detached dwelling.
19The land use in the broader neighborhood context to the north, east, south, and west consists of low density, ground related residential dwellings, consisting mostly of single detached residential dwellings that are one to two stories in height.
20Lister Dr. is classified as a local Rd pursuant to the City of Toronto Road Classification System MAP.
21There are a variety of housing styles, including a mix of new and old residential structures on Lister Dr., and in the immediate and broader context. There are a variety of architectural styles and a variety of one and two-story dwellings. In the immediate and broader context, the proposed new lots and to be constructed new residential buildings are like the existing neighborhood context in terms of design, massing, scale, height, as well as lot configuration and size.
22The property is zoned. RD (f15.0; a550) (x5) by City of Toronto Zoning Bylaw 569-2013. This zoning permits detached houses on lots with a minimum lot frontage of 15.0 meters, and a minimum lot area of 550 square meters.
23The Official Plan designation for the property is Neighborhoods, as shown on the City of Toronto Official Plan Map #16.
24The proposed severance and minor variances are consistent with the Provincial Policy Statement as they will result in two new two-story single detached dwellings where a one story single detached dwelling currently exists. This will contribute to regeneration within the neighborhood; will increase the existing range and mix of housing in the City of Toronto and neighborhood; and will respond to trends in modern building needs, market demand, while maintaining the general appearance of dwellings from the public realm in the neighborhood.
25The proposed lots will provide for a greater variety of lot sizes and configuration within the neighborhood, directly contributing to the range and mix of residential building lots within the neighborhood, but will consist of single detached dwellings that meet the zoning bylaw performance standards for detached dwellings.
26The consent to sever and variances conform to the policies of the Growth plan for the Greater Golden Horseshoe, 2020. The use of the property for two lots and new detached dwelling units represents a more efficient and compact development pattern, as well as better use of land and infrastructure in the City of Toronto.
ISSUES AND ANALYSIS
27Pursuant to City of Toronto Official Plan Policy 4.1.5, the defined geographic neighborhood was identified as the north end of the rear lot lines of properties which front onto Drewry Ave., Talbot Road, to the west at the rear lot lines of properties which front onto Dornfeld St., and to the north at the Finch Hydro Corridor Recreational Trail.
28Mr. Igelman established the geographic neighborhood using a combination of the following factors: the zoning for the study area, the prevailing dwelling types and scale of dwelling types, lot size and configuration, street patterns, pedestrian connectivity and natural and human made dividing features.
29The City of Toronto Official Plan recognizes that areas designated Neighborhoods will not stay frozen in time. Physical change will occur.
30New residential development has already occurred in the Geographic Neighbourhood. Like those developments, the proposed development respects and reinforces the existing physical character of the area of the geographic neighborhood by maintaining the patterns of streets, blocks, and lots; maintaining the prevailing heights, massing, scale, density of dwelling types nearby; maintains prevailing side, rear and front yard setbacks.
31There is no policy requirement that new construction mimic or be identical to existing buildings within the neighborhood.
CONCLUSION
32TLAB has heard uncontested expert evidence from a qualified land use planner regarding the refusal of applications B0016\23 NY, A0279/23NY and A0280/23NY by the Committee of Adjustment for the City of Toronto. Mr. Igelman's uncontested expert evidence in land use planning is accepted.
33The presiding member agrees with the evidence presented and is satisfied that the requested minor variances and consent to sever are consistent with the Provincial Policy Statement, the policies in the Growth Plan for the Greater Golden Horseshoe, meet the tests described in Section 45. (1) of the Planning Act of Ontario for the approval of a minor variance, satisfy the requirements pursuant to s. 53 (1) of the Planning Act of Ontario and meet the test for provisional consent under section subsection 51. (24) of the Planning Act of Ontario and represents good planning and development. represents good planning.
DECISION AND ORDER
34The appeal is allowed, the minor variances are approved, and the provisional consent is granted.
[35]
The TLAB has considered the provisions of Section 51(24) of the Planning Act and is satisfied that a plan of subdivision is not necessary. The TLAB therefore consents to the transaction as shown on the plans filed with the TLAB or as otherwise specified by this Decision and Order, on the condition that before a Certificate of Official is issued, as required by Section 53(42) of the Planning Act, the applicant is to fulfill the following conditions to the satisfaction of the Deputy Secretary-Treasurer of the Committee of Adjustment:
(1) 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 as outlined in Condition 6.
(2) Municipal numbers for the subject lots, blocks, parts, or otherwise 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) Within TWO YEARS of the date of the giving of this notice of decision, the applicant shall comply with the above-noted conditions.
[36]
- The applicant shall submit revised site plan(s) with the following revisions and notations to the satisfaction of the Engineering and Construction Services and Transportation Services, at no cost to the City;
a. Illustrate the existing and proposed grades at all corners along the property boundary.
b. Revise the site plan to illustrate a positive slope of a minimum 2% to a maximum 4% that will be maintained on each of the proposed driveways, as measured between the proposed garage door entrance to the curb line of Lister Drive for the proposed Part 1 lot; and proposed garage door entrance to the curb line of Dallas Road for the proposed Part 2 lot.
c. Show the footprint of the existing house and driveway. Label any portion of driveway to be removed within the right-of-way as to be restored with sod.
d. The site plans must be revised to clearly indicate the restoration of any redundant portions of former driveways and curb cuts with sod and raised concrete curb, all of which shall be designed to municipal standards.
e. Illustrate the Bell telephone and the utility pole along the Lister Drive site frontage.
f. Revise the site plan to illustrate removal of vegetation from the proposed driveway location. The applicant is financially responsible for removal/relocation of any tree and must obtain an approval/permit from Toronto Urban Forestry prior to obtaining any permit from the City.
g. Add the following notations to the Site Plan:
i. "The applicant is required to restore any redundant section of the existing driveway that is being closed with sod and a poured raised concrete curb within the municipal boulevard according to City of Toronto Design Standard;
ii. "The proposed new driveways shall be constructed to the applicable City of Toronto Design Standards at no cost to the municipality";
iii. "The applicant shall also submit a Municipal Road Damage Deposit (MRDD) prior to obtaining a Building Permit." The applicant is advised to contact Right-of-Way Management Section at (416) 395- 7456 regarding municipal road damage deposit requirements;" and,
iv. "The applicant shall obtain the necessary authorizations and permits from the City's Right-of-Way Management Section of the Transportation Services before excavating within or encroaching into the municipal road allowance".
B. Martin
Panel Member