Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
2024-08-12
24 111837 S45 10 TLAB
Zhao (Re), 2024 ONTLAB 248
DECISION AND ORDER
Issuance Date:
August 12, 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):
B. ZHAO
Applicant(s):
B. ZHAO
Property Address:
119 Markham St
COA File No.:
21 239324 STE 10 MV (A1445/21TEY)
TLAB Case File No.:
24 111837 S45 10 TLAB
Hearing Date(s):
May 31, 2024
Deadline Date for Closing Submissions/Undertakings:
Decision Delivered By:
TLAB Panel Member B. Martin
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant/Applicant
B. ZHAO
INTRODUCTION AND CONTEXT
1This was a hearing on appeal by Binxiang Zhao (Appellant) from a decision of the Committee of Adjustment for the City of Toronto to approve minor variances for the property at 119 Markham Street.
2The variances requested were for exterior stairs that cannot be closer to a lot line than 0.6 metres. The front stairs proposed will be located 0.0 metres from the front lot line and will encroach beyond the front (west) lot line.
A minimum of 75% (9.13 m2) of the required front yard landscaped open space must be in the form of soft landscaping. In this case, 0.0% percent of the required front yard landscaped open space will be in the form of soft landscaping.
3The Committee of Adjustment approved the two minor variances, on condition that a minimum of 3.0 m2 of the front yard area shall be soft landscaping.
4No parties or participants attended the hearing, either in opposition or support of the requested minor variances.
5The minor variances requested will permit the construction of a new staircase that will provided access to a new dwelling unit in the basement of the existing house.
THE LEGISLATIVE AND POLICY FRAMEWORK
6Provincial 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.
7Provincial 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.
8Variance – 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
9The property at 119 Markham Street is located in the Trinity Bellwoods neighborhood of the City of Toronto.
10The property is in an area designated Neighbourhood in the City of Toronto Official Plan.
11The property is zoned R (d1.0) (x806) By By-law 569-2013.
12Markham Street runs north to south between Queen Street West and Dundas Street West. It is one street west of Bathurst Street.
13The properties in the immediate and broader context of the Neighbourhood Study Area have lot frontages between 5.0 to7.0 metres and front yard depths of 3.0 to 4.0 metres.
14Many properties in the immediate and broader context of the Neighbourhood Study currently have 0.0% of soft landscaping in the front yard.
15Photos of the properties at 107, 109, 111, 125 and 136 Markham Street all have front yards with 0.0% soft landscaping in the front yard.
16During the hearing of the Committee of Adjustment, and the hearing of TLAB, an Ontario One Call exhibit was presented showing two existing gas lines in the front yard that would have to be relocated in order to accommodate the conditional percentage of landscaped open space required by the Committee of Adjustment.
ISSUES AND ANALYSIS
General intent and purpose of the Official Plan
17TLAB was informed that areas of the city designated neighborhoods are stable, but not static. The Official Plan therefore expects and allows new development in areas designated neighborhoods, provided the new development respects the existing physical character of the area and reinforces the stability of the area.
General intent and purpose of the zoning bylaw
18The general intent and purpose of the zoning by law is to identify permitted uses together with performance standards which once applied to a building will allow the types of land use and built structures identified in the Official Plan. Evidence provided during the hearing demonstrates that the proposed front yard landscape area was consistent with the existing physical character of properties in the area.
Are the variances desirable for the appropriate development or use of the land?
19Approval of the two requested minor variances without the condition imposed by the Committee of Adjustment will achieve three key Official Plan objectives; investment in properties which adds to the stability of the residential neighborhood; preserving existing street character; and, providing a new dwelling units in the city.
Are the variances minor?
20The variances requested are numerically minor, and both individually and cumulatively, do not create any adverse impacts on adjacent properties or the neighborhood.
CONCLUSION
21The existence of the two existing gas lines in what is an extremely small front yard is a costly problem if the condition of the Committee of Adjustment must be met. Upholding this condition would be appropriate if there were not existing properties in the Immediate Area that also feature front yards with no soft landscaping. In light of the existing neighbourhood character, it would be more desirable to add the proposed dwelling unit to the neighbourhood than the conditional soft landscaping requirement.
DECISION AND ORDER
22The appeal is granted. The two requested minor variances are approved, without the condition requiring the appellant to provided 3.0 m2 of soft landscaping in the front yard.
B. Martin
Panel Member