Wednesday, October 29, 2008

OLDER ETOBICOKE BY-LAW ORDERING BIG SETBACK FROM LAKE

Etobicoke By-law 1991-41 (OMB Order 9100219)
This by-law from pre-amalgamation 1991 ordered a set back from the lake for any redevelopment on a number of properties zoned Residential R2 surrounding 51 Lakeshore Drive to be based on a measurement from the street line and not from the water. The water benchmark changes with water level, erosion, season etc. and is not consistent. The measurement from the south curb on Lakeshore Drive, on the western edge of the properties, is to be 19.8 meters. In other words, no structure can be built closer to the lake than that; the footprint of the existing building on 51 Lakeshore Drive just about conforms to that. The by-law was enacted to preserve "views to the south over the lake and east towards the City of Toronto", based on a 45 degree sawtooth pattern . 51 Lakeshore was also zoned R2 at the time but there was a nursing home on the site, allowable because of former pre-1975 R4 zoning. It was not listed in this By-law. To be consistent, however, it could be argued that the same setback should be applied because the property is also at a 45 degree angle and the same concerns about views are applicable.

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