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East York Civic Centre
850 Coxwell Avenue
Toronto, Ontario
Canada M4C 5R1
www.city.toronto.on.ca
Tel: 416-(416) 778-2040
Fax: 416-(416) 466-9877
February 10, 1998
To: East York Community Council
From: Richard Z. Tomaszewicz
Subject: Ontario Municipal Board Appeals in the East York Community Council Area
Purpose:
This report provides information to the East York Community Council on the status of appeals to the Ontario Municipal Board on Planning Decisions made by the former Council for the Borough of East York and the East York Committee of Adjustment.
Source of Funds:
From City Solicitors budget.
Recommendations:
That this report be received for information.
Background:
On October 6, 1997, Council for the former Borough of East York approved the following matters:
A That Council pass a resolution, delegating the following matters to the Commissioner of Development Services;
- the authority to provide comments to Metropolitan Toronto on draft plans of condominium and subdivision where no further statutory public meetings are required;
- the authority to direct the Borough solicitor to attend Ontario Municipal Board hearings on appeals of decisions of the Committee of Adjustment, where there is a municipal interest; and,
- the authority to direct the Borough solicitor to attend Ontario Municipal Board hearings when By-laws and Official Plan Amendments passed by Council are appealed.
This authority has not been consistently granted among the other former municipalities. Staff are in the process of developing a best practice in this regard. Until this occurs, the Commissioner of Development Services in East York continues to retain the delegated authority under the rules of the City of Toronto Act, 1997.
Comments:
Since October 6, 1997 there have been five matters concerning East York planning decisions that have been appealed to the Ontario Municipal Board.
- Committee of Adjustment Appeals
(a)246 Monarch Park Avenue
The applicant, Mr. Gerry Paul, wishes to construct a front yard parking pad in front of each of two semi-detached dwellings.
On December 17, 1997, the East York Committee of Adjustment refused the application and the applicant appealed the decision to the Ontario Municipal Board.
Staff did not take a position on this application. The Commissioner of Development Services has not directed the City Solicitors to attend the hearing.
(b)89 Rumsey Road
The applicant, Mr. W.T. Spence, wishes to locate an air conditioning unit in the front yard of a dwelling.
On December 17, 1997, the East York Committee of Adjustment refused the application and the applicant appealed the decision to the Ontario Municipal Board.
Staff did not take a position on this application. However in his letter of appeal Mr. Spence has implied that he will ask for costs against the City. He has also suggested that the notice of the Committee of Adjustment hearing for his application was improperly conducted. Therefore, the Commissioner of Development Services has directed the City Solicitors to write a letter to Mr. Spence to ask for clarification regarding the costs issue and to attend the hearing, if necessary, to protect the City=s interests. Committee of Adjustment staff will attend the hearing to provide evidence on the provision of notice of the hearing. No planning evidence in support or against the application will be provided to the Board.
(2)Appeals of East York Council Decisions
(a)147 Laird Drive
On October 7th, 1997, East York Council approved an Official Plan Amendment and Zoning By-law Amendment submitted by Noble Cherry Inc. for a 27,870 m2 (300,000 ft2) Abig box@ retail development at 147 Laird Drive. The amendments have been appealed by a number of parties. The Commissioner of Development Services has directed the City Solicitor to defend East York Council=s decision on this matter.
(b)Restaurant Parking By-law
On October 7, 1997, East York Council approved a Zoning By-law Amendment initiated by staff to reduce the parking standards for restaurants on O=Connor Drive and Woodbine Avenue. It was the third phase of a on-going process to examine restaurant parking on a street by street basis in East York. Similar studies have been completed for Donlands Avenue, Coxwell Avenue, O=Connor Drive (between Pape Avenue and Lesmount Avenue), Woodbine Avenue, Pape Avenue and Bayview Avenue.
The remaining major commercial streets in East York, (Eglinton Avenue East, Broadview Avenue, Cosburn Avenue, St. Clair Avenue, and Danforth Avenue) are scheduled for study and for a report to the East York Community Council in 1998.
Gordion Foods Limited has appealed the zoning by-law because the parking standards for restaurants have not yet been reduced on Broadview Avenue. No studies on the availability or advisability of reducing parking standards on Broadview Avenue have been undertaken yet.
The Commissioner of Development Services has directed the City Solicitor to defend East York Council=s decision on this matter.
Conclusions:
This report should be received by the East York Community Council for their information.
Contact Name:
David Oikawa, Director of Planning - Borough of East York
Phone - 778-2049
Fax - 466-9877
email - doikawa@borough.eastyork.on.ca
Respectfully submitted,
Richard Z. Tomaszewicz
East York Commissioner of Development Services
C:\My Documents\Reports to Council\omb.wpd
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