Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
2024-08-02
23 213723 S45 15 TLAB
Far Architect Inc. (Re), 2024 ONTLAB 239
DECISION AND ORDER
Issuance Date:
August 2, 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):
FAR ARCHITECT INC
Applicant(s):
R. YEE
Property Address:
34 RUMSEY RD
COA File No.:
22 219265 NNY 15 MV (A0689/22NY)
TLAB Case File No.:
23 213723 S45 15 TLAB
Hearing Date(s):
May 2, 2024
May 3, 2024
May 7, 2024
May 8, 2024
Deadline Date for Closing Submissions/Undertakings:
April 17, 2024
Decision Delivered By:
TLAB Panel Member S. Makuch
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Applicant
R. Yee
Appellant
Far Architect Inc.
F. Abdolvahabi
Party (TLAB)
City of Toronto
D. Abimbola
A. Sandhu
Party (TLAB)
A. Bow
Party (TLAB)
A. Dhillon
Party (TLAB)
S. Dhanju-Dhillon
Party (TLAB)
S. Sood
Party (TLAB)
B. Biscoe
Party (TLAB)
K. Tiedje
A. Stewart
Participant
L. Strevens
Participant
M. Federau
Participant
K. Carr
Participant
K. G. Alan
Participant
J. R. Sublett
Participant
I. M. Sublett
Participant
J. Courcelles
Participant
S. Bellingham
Participant
C. Walker
Participant
T. Corea
Participant
Leaside Residents Association
INTRODUCTION AND CONTEXT
This is an appeal from a decision of the Committee of Adjustment refusing variances to permit the remodeling of the existing two-storey dwelling at 34 Rumsey Rd. (the house) through interior alterations and an addition.
The variances sought were as follows:
Chapter 10.5.40.71(4)(A), By-law 569-2013 The minimum building setback from a side lot line for any addition or extension to the rear or the side of a lawfully existing building or structure on a lot with a lot frontage of less than 9.0m, is the side yard setback permitted by regulation 10.5.40.71(1): 0.48m for the east side lot line. The proposed minimum building side yard setback is 0.37m from the east lot line.
Chapter 10.20.30.40(1)(A), By-law 569-2013 The permitted maximum lot coverage is 35% of the lot area. The proposed lot coverage is 38.91% of the lot area.
Chapter 10.20.40.10(1)(A), By-law 569-2013 The permitted maximum height of a building or structure is 8.5m. The proposed height of the (building/structure) is 8.85m.
Chapter 10.20.40.40(1)(A), By-law 569-2013 The permitted maximum floor space index is 0.6 times the area of the lot. The proposed floor space index is 0.64 times the area of the lot.
Chapter 200.5.1.10(2)(A)(i), By-law 569-2013 The minimum required parking space must have minimum length of 5.6m. The proposed parking space will have a length of 5.54m.
At the commencement of the hearing it was clear that the dispute between the parties was whether the proposal would allow for attic space in the house to be used as habitable space. The parties agreed that the hearing be converted to settlement discussions and that if a settlement were not reached, I could remain seized and chair the contested hearing.
As a result of the settlement discussions the proponents indicated that they did not wish the attic space to be habitable and that the solution to the dispute was that the plans should make clear that the third story attic space could not be habitable and that certain conditions should be imposed to ensure that that space was not habitable. Therefore, all parties agreed that the house be constructed in accordance with the plans set out in Appendix 1 to this decision and that the variances be granted subject to the conditions set out in Appendix 2.
THE LEGISLATIVE AND POLICY FRAMEWORK
1Provincial Interest - S. 2
A decision of the Toronto Local Appeal Body (TLAB) shall have regard to, among other matters, matters of provincial interest, enumerated as (a) – (s) in the Planning Act.
2Provincial 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 (Growth Plan) for the subject area.
3Variance – 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
4Unchallenged expert evidence was provided that the proposal met all the requirements of provincial policy and that it was appropriate to ensure that the third story attic could not be used as habitable space. In addition, that evidence supported the imposition of compliance to the plans in Appendix 1 and the conditions in Appendix 2.
ISSUES AND ANALYSIS
5As a result of the settlement and the unchallenged evidence in support of the variances there were no issues and the appeal should be allowed subject to the conditions referred to in Appendix 1 and 2.
CONCLUSION
6The appeal should be allowed, and the variances granted subject to the conditions set out below.
DECISION AND ORDER
7The appeal is hereby allowed and the variances set out above are granted subject to construction being in accordance with the plan set out in Appendix 1 and subject to the conditions set out in Appendix 2.
S. Makuch
Panel Member
Appendix 1
Construction shall be in accordance with the following plan.
Appendix 2
Conditions of Approval
The proposed dwelling shall be constructed substantially in accordance with the Site Plan (A1-01), North Elevation (A4-01), East Elevation (A4-02) and South Elevation (Side View) (A4-04) dated January 17, 2024, and the West Elevation (Back Yard View) (A4-03) dated May 3, 2024, all prepared by Far Architect (the “Plans”), subject to the terms and conditions below.
The building permit plans shall not contain any reference to occupancy above the second floor of the Plans.
The roof shall be constructed with engineered roof trusses 24 inches apart tied into
the roof line over the entire attic space, with the exception of the permitted mechanical room and the voids shown on the Attic Space Plan (A2-04a), dated May
3, 2024 and prepared by Far Architect, attached as Schedule “A”.
There shall be no habitable space in the attic. The mechanical room must and can only be used as a mechanical room and for no other reason, use or purpose.
There must not be any staircase or elevator constructed to access the attic space.
There must be vaulted ceilings in the second-floor main bedroom, except within the en-suite bathroom. The vaulted ceilings shall not exceed a height of 4.6 m, measured from the finished second floor to the underside of the ceiling.
All windows on the attic level (i.e., above the second storey) must be fixed/inoperable