Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2024-11-25
24 193241 S45 11 TLAB
Suri (Re), 2024 ONTLAB 282
DECISION AND ORDER
Issuance Date:
November 25, 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):
R. Suri
Applicant(s):
Fluid Living Studio
Property Address:
133 Summerhill Ave
COA File No.:
24 112272 STE 11 MV (A0132/24TEY)
TLAB Case File No.:
24 193241 S45 11 TLAB
Hearing Date(s):
November 13, 2024 November 22, 2024
Deadline Date for Closing Submissions/Undertakings:
Decision Delivered By:
TLAB Panel Member T. Kezwer
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Applicant
Fluid Living Studio
Appellant
R. Suri
D. Pateman
Party
City of Toronto
M. LaFortune S. Messina
Party
Summerhill Residents Association
M. Schlaepfer
Participant
S. Stock
Participant
M. Graham
Participant
C. Goldie
Participant
D. Agro
Participant
A. Tsang
Participant
G. Theofilopolous
INTRODUCTION AND CONTEXT
1This was a two-day hearing before the Toronto Local Appeal Body (the “Tribunal”).
2The Appellant appeals a denial by the Toronto and East York Committee of Adjustment for 3 variances for a proposed rear addition to an existing 2 ½ storey townhouse on the property located at 133 Summerhill Ave (the “Subject Property”). The proposal is to tear down and build on the same footprint as the existing rear covered deck. There will be no changes to the front or height of the townhouse. The appeal is being allowed subject to a condition from Urban Forestry.
3The Subject Property is located in the southeast part of the Summerhill Neighbourhood which is located south of St. Clair Avenue and centered on the Yonge Street corridor. More specifically, the Subject Property is located on the south side of Summerhill Avenue, near the intersection of Shaftesbury Avenue with Summerhill Avenue. Due to the aforementioned intersection, the Subject property is irregular in shape, with the rear lot line being on a diagonal along Shaftsbury Avenue.
4There is an existing 2 ½ storey townhouse, rowhouse, or attached dwelling which shares side walls with two adjacent dwellings at 131 and 135 Summerhill Avenue. The townhouse has a 1 storey rear addition that was added by a previous owner in approximately 2003.
5Prior to the hearing, I visited the Subject Property and familiarized myself with the neighbourhood in which it is situated. In addition, I reviewed the pre-filed materials.
6I will now briefly