Victors of 27 Fleming obtain order to change 73 Donegall

The young Leaside lawyer, Robert Ellis, who spearheaded the fight against 27 Fleming Crescent has forged a community group which is tackling other non-conforming homes in the vicinity of Bayview Ave. and Fleming. In recent days, Mr. Ellis and his friends have triumphed at Committee of Adjustment with respect to an oversize house at 73 Donegall. just around the corner from his home on Fleming Crescent. In the Donegall hearing as Mr. Ellis notes in mail copied to The South Bayview Bulldog the house was “framed up in January/February and is hugely over-sized between two bungalows.” Ellis reports the team did a lot of preparation and was able to show that the owner of the structure did not properly disclose the applicable variances. He tried to get a deferral, but we refused and forced the issue to proceed to a decision and victory. The tower house is history. A story published earlier about the illegal eyesore at 27 Fleming is found below.

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First published May 2, 2015. The illegal home at 27 Fleming Crescent will be demolished, The South Bayview Bulldog has learned. The knock-down will be accomplished just as the many neighbors and Leaside residents who complained about the house had demanded. Robert Ellis, the lawyer who lives next door at 29 Fleming, received word that Hy Hirshberg, whose son Jonah is the owner of record, has agreed to knock down the building.

It was built by a previous owner in 2013-14 and has stood closed-in but unfinished since the City slapped a stop-work order on it last year. This word comes as opponents prepared for another round of battle at Committee of Adjustment (COA) on May 7 at 3:30 pm. Mr. Hirshberg wrote to Ellis and others revealing his decision last night (May 1, 2015). Demolition of the present structure however brings a new challenge for neighbors as the owner will be requesting permission to build a  two-story home with variances.

Mr. Ellis wrote to the many Leaside-area people who support him that he will ask COA to require detailed plans from the builder and a comprehensive zoning assessment by the City with opportunity for ratepayer comment. He will also ask for a community consultation meeting on a mutually agreed date not less than 15 days after such plans and zoning assessment are provided. Finally, he will ask that any Committee hearing date is scheduled with proper notice (ideally at a time and date as mutually agreed with the immediate neighbors).

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