Conserving Long Branch, Dec 2017 – David Godley

The following message is from David Godley.

Attached file:

mma omb

Christmas Greetings from Long Branch

1) Long Branch Urban Design Guidelines

Adoption by Council scheduled for January 31st Council Meeting hopefully with improved efficacy. TLAB has authorised their eligibility as non legal evidence at hearings.

2) New Applications

80 23rd Severance previously approved by OMB but not variances. No density details
76 29th 0.35 to 0.72 Soldier house(definition 3 storey, about double density on narrow lot) 8 February 2018 COA
89 27th 0.35 to 0.78 Monster house 11 January 2018 COA
10 31st Minor Variances. No details
56 31st Minor Variances. No details

3) Recent COA decisions

15 38th Soldier houses 0.35 to 0.70. Deferred
70 36th Soldier houses 0.35 to 0.67. Refused
99 27th Soldier houses 0.35 to 0.0.96. Deferred
75 25th Soldier house. Approved. City Appeal Pending
67 30th Soldier house needing height variance. Approved.
38 31st Soldier houses 0.35 to 0.65. Deferred
32 36th Soldier houses 0.35 to 0.81 and 0.91. Deferred

4) Outstanding Applications

58 Laburnham Soldier houses 0.35 to 0.65 density Jan 11 COA
17 Evergreen, 2 (2)storey houses 0.35 to 0.58. Jan 11 COA
27 39th, Soldier houses 0.35 to 0.98. Jan 11 COA
90 Ash, Soldier houses 0.35 to 1.04. Jan 11 COA
70 29th, Soldier house 0.35 to 0.67 Feb 8 COA
72 Arcadian, Soldier Houses. 0.35 to 1.06 and 1.01 Feb 8 COA
10 Lake Promenade, Soldier houses 0.35 to 0.59 Feb 8 COA
74 38th, Soldier Houses. 0.35 to 0.62
69 Marina, Soldier houses – no details
80 39th, Soldier House 0.35 to 0.65
11 Garden Place Soldier Houses 0.35 to 0.71.

If you wish to look at all the material online go to “City of Toronto” “Development Applications” “Committee of Adjustment” “Ward 6” “Search” and follow the cues

However the number of applications in Ward 6 has outstripped the capacity of the Applications Information Website and you cannot view the whole list of applications together.

5) Toronto Local Appeal Body aka “Tealab”

9 38th Street. A revised application from February 2016. 2 storey modern and ultra modern on 25 feet frontage lots from 0.35 to 0.56 density in an area of wide lots. Approved by COA and appealed by the City to TLAB.

This is Long Branch s first appeal to TLAB. Hearing postponed from October 13 to November 13 2017. Last minute revised proposal and adjournment to April 16-17 Venue TLAB Offices 40 Orchard View Blvd Suite 211 (Eglinton and Yonge)

38 36th Street. 3 storey soldier houses 0.35 density to 0.70. Refused by COA and appealed by applicant. Hearing 12 December 2017 deferred to 7 March 2018 for 1 more day. Clarifying whether additional material can be submitted. Venue, York Civic Offices, 2700 Eglinton West

6) OMB Hearings

30 38th Street, 27 June 2017 Awaiting Decision

68 Daisy Avenue, Zoning for 73 4 storey townhouse units, February 24 2017. Pre-hearing Conference for 1 day held. Hearing held 10 October 2017. Awaiting Decision

82 Twenty Seventh Street, March 21 2017 continued August 21 2017 PL161006 Awaiting decision.

5 Ramsgate, 16 May 2017 PL161257 Awaiting Decision

24 33rd, 1/2 May 2017 No planner on board Approved PL161073 Review request submitted to OMB by Lakeshore Planning Council Corporation. Awaiting decision

22 33rd, Severance and Variances for semi soldier houses 0.60 to 0.70 to density PL170413, 18 January 2018

7) Long Branch Neighbourhood Association

The following officers were elected at the General meeting at the Long Branch Legion on 23 October: Co Chairs Brian Liberty, Christine Mercado; Vice Chair Judy Gibson; Jenny Ribiero; Bill Zufeldt: Doe Orser. Christine and Judy, two very bright women, are covering COA meeting and putting forward LBNA points of view.

8) Minor Variance, Definition

The new City Solicitor Wendy Walberg ( has asked Legal staff to consult with Planning Staff and the following letter has been acknowledged by TLAB (

To Wendy Walberg and TLAB,

I would like to get an updated status since this issue is now going to be a significant part of hearings in Long Branch including 38 36th on 12 December 2017 and 9 38th on April 16-17.

My understanding is that the City reference the De Gasperis Divisional Court case in saying minor must include size even if there are no impacts.

My understanding is that TLAB believe that size is not an issue based on an article in the Ontario Planning Journal by Matthew Di Vona.(attached)

I have never seen this article cited in any OMB decisions and contend it is simply a development lawyer advocating for that sector.

It starts out with saying De Gasperis is confusing giving credence to bias.

I can see no connection between what North Barrie says ie size does not have to be included in the written decision but must be inherently considered – and the conclusion.

Size still counts is what the article says to me.

To base decisions on such a flimsy article and enter it into case law seems erroneous.

Have the City and TLAB reached any conclusions on this important and urgent matter.

This is of immediate interest to all those copied particularly in Long Branch where the community have received blow after blow from decision makers.

Yours truly, David Godley, 401 Lake Promenade, Toronto, M8W 1C3, 416 255 0492

9) Ontario Municipal Board

This century old body with a chequered history will be dissolved and be replaced by the Local Planning Appeal Tribunal. Appeals may be made from COA decisions only on process issues eg Whether the Official Plan is followed. Any decision of LPAT is first returned to the City and if the City still do not agree then a further appeal can be made for a de novo hearing, the type the OMB make now starting from scratch. This will not affect Committee of Adjustment matters except in special cases as TLAB already have replaced the OMB with their own de novo hearings. I am checking to see if the new Support Centre will be able to supply TLAB hearings since TLAB have emphatically ruled that appellants cannot be parties and give evidence. (See attached Ministry comments).

10) Happy New Year,



0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *