Sample Letter of Objection to Committee of Adjustment (Standard)

Name
Address
Contact

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The Committee of Adjustment
North York Civic Centre
5100 Yonge Street, North York, ON M2N 5V7
Email: [email protected] Phone: (416) 395-6446

March 30, 2024

Dear Sir/Madam,

Re: LETTER OF OBJECTION
MINOR VARIANCE/PERMISSION (Section 45 of the Planning Act)
File Number: A00xx/24NY Property Address: 33 Your RD

I oppose the variances request to demolish and to replace the classic 1940s Leaside style Brick Bungalow at 33 Randolph Road with TWO new massive buildings ie. a 2-Storey House plus a 2-Storey Garden Suite which is visible from the street (height is like a 3-storey building as it’s on an elevated plot), and also a Swimming Pool, rendering the place with literally No Green.

And not only will this egregious proposition remove many matured trees, it will also wipe out an Award Winning Garden in the adjacent neighbor’s front yard due to sunlight blockage by the Garden Suite, as well as potentially killing a matured Spruce Tree which expert commented some 40% of the roots will be removed due to insufficient Tree Protection Zone (TPZ).

According to the Planning Act, each variance must satisfy each of the Four Tests. And this proposal fails to meet the Official Plan requirements in preserving residential neighbourhoods (Chapter 4, Section 4.5 “No changes shall be made through rezoning , minor variance , consent of other public action that is not in keeping with the physical character of the neighbourhood.”), destruction of the green including an award winning garden, as well as plausible violation of law including but not limited to public safety risks (both fire risks and sightline obstruction):-

1. The requested Minor Variances are too large and too important to be considered Minor (excessive FSI, coverage, building and wall heights, and deficient side yard setbacks, and plausible violation of safety laws, particularly fire risks).
2. Not desirable for the appropriate development of the land, and fails to preserve the character of the street and community. Additionally, the Garden Suite will also destroy the award winning garden, and loss of green of literally the entire plot, as well as potential destruction of the massive spruce tree. And as such,
3. Do not maintain the general intent and purpose of the Zoning By-law (as above).
4. Do not maintain the general intent and purpose of the Official Plan (as above).

Conclusion: The variances request is neither desirable nor appropriate, and plausibly unlawful considering there are safety risks posed to the general public. The total negative impact of the proposed variances are too great, and together with the failure to follow the Leaside Residential Character Preservation Guidelines, as well as loss of green and many matured trees, destruction of the award winning garden, and also potential destruction of the massive spruce tree. This proposal is therefore not in line with the intent of the existing zoning by-laws and does not meet the tests for approval of minor variances.

And as such, I wish to express my very strong opposition and sincerely demand the Committee to DENY this application in the interest of the neigbourhood and the society as a whole.

Yours truly,

Signed

CC: –
1. Sai-Man Lam, Manager & Deputy Secretary-Treasurer, [email protected]
2. Olivia Antonel, Senior Planner, NY Committee of Adjustment, [email protected]
3. Giovanna Rizzo, Support B, [email protected]
4. Emily Greco, C of A case manager, [email protected] (416) 395-7132
5. Jenny Kottas, Application Technician, [email protected] (416) 395-1073
6. Councillor Jaye Robinson, [email protected] (416) 395-6408