DEVELOPMENT HAPPENS
October 29, 1953, the cow pasture that resided at the corner of Bathurst and Lawrence was officially opened as Toronto’s first suburban shopping centre – Lawrence Plaza. It was considered a colossus, innovative project in its day. Development, improvement and growth have always been part of our landscape.
Lawrence Plaza Then and Now
The neighbourhood we call home was farmland until the 1930s. By the late-40’s it filled with tudor-style bungalows surrounded by businesses on Bathurst Street and Avenue Road. Some of those original homes are still standing and today could be worth upwards of $2 million. What was once considered the far suburbs have now become uptown Toronto.
Over the past 40 years the Ledbury Park neighbourhood has gradually changed as older houses have been replaced with beautiful custom-builds. Lately, Avenue Road has witnessed growth in multi-story mixed-use buildings. With continued interest for this area, there is quickly becoming a demand for housing. Constant change is a fact of life in a big city and while change can often improve a neighbourhood, without communication with developers and city officials, these changes can also backfire.
1717 Avenue Road
The UACA is in favour of responsible development that pays heed to the building bylaws and respects the Avenue Road Avenue Study that became the development guide for this area in 2009. It is part of our mandate and mission to work with developers and the city, so we can continue to live and grow with the lifestyle we have come to appreciate.
We will continue keep our community informed on all pending developments. One way we do that is by advising residents of nearby Committee of Adjustment applications. If you wish to learn how to deal with those, read the section that appears below.
COMMITTEE OF ADJUSTMENT PROCESS
As the small bungalows built in the 40’s and 50’s continue to be demolished to make way for much larger homes, often the proposed new developments result in specifications which exceed the current City of Toronto zoning by-laws, giving rise to variance requests. Management of these variance requests is handled by the Committee of Adjustment (C of A). The C of A is an administrative body appointed by the City of Toronto under the Planning Act. Under the C of A process, owners of homes neighbouring the proposed new development/home, are provided the opportunity to review, and comment on, the proposed variances as part of the process.
The Upper Avenue Community Association receives a listing of all Ward 8 variance applications bi-weekly. We review the listings and then deliver information leaflets to homes within the immediate area of the proposed new construction. Our intent is to ensure neighbouring homeowners are aware of the application and direct them to our website for further information on the C of A process, should they require it.
The following outlines background information on the C of A process and provides relevant direction to the City of Toronto resource information. It offers comments based on what we have learned while navigating the process ourselves and is one of many resources available to help residents prepare objections to proposed developments should they wish to do so.
Most proposed new construction – infill or renovations - will exceed existing City zoning bylaws (of which there are many). Examples include height, width, depth, side yard setbacks, and lot coverage. Homeowners of the proposed development, require approval from the C of A before a building permit is issued.
To understand the workings of the C of A process, please refer to the detailed information leaflet provided by the City of Toronto. This outlines useful information for both applicants and those objecting to proposed developments (participants). The section entitled “How to Participate” is particularly useful:
NOTICE OF HEARING
Homeowners within a 60-meter radius of a C of A application, will receive a “Notice of Hearing” two weeks prior to the applicants’ hearing dates. Notices will list all variances being requested that exceed current zoning by-laws as well as indicate the timelines for objections to be filed. No further action is required if you do not object to an application.
Sample COA Sign
Information on details for each application, is available on the City of Toronto “Application Information Centre” website. The following link will direct you to the page- type in the Application Address, and the relevant architectural plans etc. for the application will be available for review.
http://app.toronto.ca/AIC/index.do
What to do when you receive a Notice of Hearing:
Review each variance to determine if there are any that you object to. The Applicant’s plans online will typically show the existing house as well as the proposed new home.
State your objections and rationale, in writing, and submit these as per instructions on the Notice of Hearing document.
If the variances are excessive, reach out to surrounding neighbours to see if you can rally additional support to oppose. Several neighbours objecting to a variance amplifies the impact from the C of A panel’s perspective.
It is advised to contact the owner/developer, prior to the hearing, to discuss your concerns and explore their willingness to negotiate. Developers will often be willing to discuss issues and seek to resolve objections. Include reference to discussions and any resolutions reached in your letter to the C of A.
Include visual aids, such as pictures, to illustrate the reason for your objections.
Participate in the hearing. It is an effective way to emphasize your objections. Each participant is provided five minutes to present their case. The C of A panel will make decisions measured against the Planning Act’s Four Tests as outlined in the City brochure:
minor in size and impact,
appropriate for the development of the site,
within the intent of the Official Plan, and
within the intent of the zoning bylaws.
Participants must succinctly illustrate why the variances do not meet the four tests (five minutes allowed to put forward your case). Prior C of A meetings can be viewed on You Tube to help you prepare for hearings:
https://www.youtube.com/watch?v=t9jGix8BUgU
ITEMS TO CONSIDER FOR DEVELOPER DISCUSSIONS AND VARIANCE CONSIDERATIONS:
Side yard setbacks – distance between the lot line and the Applicant’s proposed home. How much closer might it be to your house?
Lot Coverage – higher percent coverage results in less greenspace and areas for water absorption.
Front yard setback – how does the new home line up with others on the street?
Building height – is it excessive? Look at other homes on the street.
Eaves overhang – are there any implications to your house?
Rear yard setbacks –how far back is the new home on the lot? How does it impact your privacy, sun shadowing?
Trees and their location – does the application show removal of any existing trees? If there are trees, and they are not shown on the drawings, they should be mentioned.
Your chimney location relative to the height of the new house. Venting distance is required and could impact your fireplace/furnace draw.
Does grading and sloping of the property impact you – drainage considerations?
Where will downspouts be positioned?
Where will the sump pump discharge to?
Where will the air conditioning unit be placed? What are noise implications impacting you?
Are any windows looking into/onto your home?
Driveway width?
Construction access? Can you access your back yard area during construction?
Understanding of where property lines are.
As our neighbourhood continues to grow, well informed discussions and actions regarding new development will help all concerned – those pursuing development and those impacted by it. Collaboration is, of course, always beneficial. We hope this information is useful in helping you understand the process and, equipping you with tools and tactics to pursue mutually beneficial outcomes.