Received an absurd DECISION from the Committee of Adjustment today:-
We asked the Committee what exempted their esteemed Committee from complying with the Safety related rules and regulations?
Dear Chair & Members of the Committee of Adjustment,
Outstanding Public Safety Concerns
“The Committee of Adjustment considered the written submissions relating to the application…” refers.
If you have indeed done so, then you must know the application is laden with illegality, particularly SAFETY VIOLATIONS as below:-
1. Public Safety Risks
a) Traffic/Pedestrian Hazards (Egressing Vehicle from the garage located next to Crosswalk is a very clear LIFE RISKs posed to the the general public, particular school children/parents in this case).
b) Fire Hazards (All Setbacks less than 1m (or 1.2m if there is any opening) is a Fire Hazard.)… Approved Setback = 0.61m?
c) Electrocution/Fire Hazards (Power Line Pole located in the rear yard requires 4.8m Setback to comply with rules and regulation, according to Hydro One).
These are only some of known violations already implicating so many rules and regulations (see attachment for more plausible Fire/Sightline Obstruction related law violations), including the very law you rely on to approve the Variances Request ie. the Planning Act inself:-
Planning Act, RSO 1990, c P.13
PART I
PROVINCIAL ADMINISTRATION
Provincial interest
2. The Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as,
(o) the protection of public health and safety;
(r) the promotion of built form that,
(i) is well-designed,
(ii) encourages a sense of place, and
(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant;
NB: (2.(r)(i)(ii)(iii)) — The proposed build is basically “2 stacked Cargo Containers” that’s posing Fire/Sighlight Obstruction Risks to the contrary of the “Leaside Character Preservation Guidelines ” developed by the City.
Question:
May we taxpayers ask what exempted your esteemed Committee from complying with the Safety related rules and regulations?
If there is none, Then let’s just assume it’s just an oversight, honest mistake, something in this direction… Kindly correct the error immediately as you’re obligated under the law, and to restore public confidence at the same time.
According to the City Protocol, you should respond in 3 days. Failing which, or in the event there is no satisfactory answer, we’d take it as you admitted the aforementioned safety violation is valid and applicable to the application.
Remember,
“Two wrongs don’t make one right”
Many thanks in advance.
Respectfully,
Signed
Attached:-