Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
2024-03-22
23 212649 S45 20 TLAB
Sjuib (Re), 2024 ONTLAB 203
FINAL DECISION AND ORDER
Issuance Date:
March 22, 2024
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):
F. F. SJUIB
Applicant(s):
J. DI GIACOMO
Property Address:
6 KENNY AVE.
COA File No.:
23 187294 ESC 20 MV (A0178/23SC)
TLAB Case File No.:
23 212649 S45 20 TLAB
Hearing Date(s):
March 05, 2024
Deadline Date for Closing Submissions/Undertakings:
March 20, 2024
Decision Delivered By:
TLAB Chair D. Lombardi
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant
F. F. SJUIB
PROUSE DASH CROUCH LLP
Applicant
J. DI GIACOMO
Expert Witness
R. Russel
INTRODUCTION AND CONTEXT
1This appeal before the Toronto Local Appeal Body (TLAB) concerns an appeal (Appeal) by F. F. Sjuib (Appellant) of an approval by the Scarborough Panel of the City of Toronto (City) Committee of Adjustment (COA), with conditions, of an application for variances requested in respect of 6 Kenny Avenue (subject property).
2The purpose of the application is to demolish the existing one-storey residential dwelling and detached garage and construct a new two-storey dwelling with an integral garage.
3The subject property is located on the north side of Kenny Avenue part way between Red Deer Avenue and Warden Avenue in the former City of Scarborough. It is designated ‘Neighbourhoods’ in the City Official Plan (OP) and zoned Residential Detached Zone – RD(f9.0)(x252) under Zoning By-law 569-2013.
4THE REQUESTED VARIANCES
- Exception RD 1462.(A)(ii), By-law 569-2013
The maximum permitted floor space index is 187.236 m².
The proposed floor space index is 232.46 m².
- Chapter 10.20.30.40.(1)(A), By-law 569-2013
The maximum permitted lot coverage is 33%.
The proposed lot coverage is 41.46%.
- Chapter 10.20.40.10.(2), By-Law 569-2013
The maximum permitted wall height is 7 m.
The proposed wall height is 7.19 m.
- Chapter 10.20.40.50.(1)(B), By-law 569-2013
The maximum permitted area of a platform at or above the second storey is 4 m². The proposed platform is 5.23 m².
5On September 20, 2023, the COA approved the variances, subject to the following two (2) conditions:
Where there is no existing street tree, the Owner shall provide payment in lieu of planting of one (1) street trees on the City road allowance abutting each of the sites involved in the application to the satisfaction of the Supervisor, Tree Protection and Plan Review, Scarborough District. The current cash-in-lieu payment is $583/tree. Contact: tppreast@toronto.ca
As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. The form of easement is included for the Owner's information below.
6F. F. Sjuib, the owner of the subject property appealed Condition #2 (Metrolinx Environmental Easement) of the COA’s September 20th decision to the TLAB, and the matter now comes before this Tribunal.
7The TLAB set a Hearing date for February 7, 2024. The only Party in the matter is the owner of the subject property, Mr. Sjuib, who is also the Appellant.
Prologue
8Prior to the February 7, 2024, Hearing date, the TLAB convened two (2) Prehearing Conferences (PHC) as permitted under Rule 21.6 of the TLAB’s Rules of Practice and Procedure (Rules).
9The first PHC occurred on January 24, 2024, which Mr. Sjuib attended along with his Legal Representative, Chris Tonks (Prouse Dash Crouch LLP). At that PH