February 5, 1998

To: East York Community Council

From: Richard Tomaszewicz

Commissioner of Development Services

East York Office

Subject: ONTARIO MUNICIPAL BOARD APPEAL

54 Holborne Avenue

Ward 1 - East York Community

Purpose:

The purpose of this report is to provide information on the status of an appeal of a Zoning By-law No. 77-97 regarding 54 Holborne Avenue, passed by the former Council of the Borough of East York.

Source of Funds:

From the City Solicitor's budget.

Recommendations:

That this report be received for information.

Background:

On October 6, 1997, Council of the Borough of East York passed a resolution delegating to the Commissioner of Development Services 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:

On March 10, 1997, Mr. Miomir Kotlica submitted an application to amend Zoning By-law No. 6752 to permit three dwelling units in the detached dwelling on his property at 54 Holborne Avenue.

The Borough was pursuing by-law enforcement action against the owner for having three dwelling units in a single-family dwelling. The zoning by-law permits one-family detached and semi-detached dwellings, and institutional uses, but not a three-family dwelling. An amendment to the by-law is necessary for the owner to maintain three units.

On June 2, 1997, Council of the Borough of East York approved two dwelling units on the property, and passed By-law No. 77-97 on June 16, 1997 to permit two units. Mr. Kotlica appealed the by-law to the Ontario Municipal Board.

An Ontario Municipal Board hearing was scheduled for January 12, 1998, but was postponed at the request of the owner. A hearing is scheduled for March 16, 1998.

The Commissioner of Development Services has directed the City Solicitor to defend East York Council's decision on this matter.

City Wide Issues:

None.

Conclusions:

This report should be received by the East York Community Council for their information.

Contact Name:

Paul Galvin, Planner

Phone: 778-2043

Fax: 466-9877

e-mail: planning@borough.eastyork.on.ca

Respectfully submitted,

Richard Tomaszewicz

Commissioner of Development Services

East York Office

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