H.W. Osmond Doyle, LL.B., LL.M.

City Solicitor

Legal Services

100 Queen Street West

14th Floor, West Tower, City Hall

Toronto ON M5H 2N2

Tel: (416) 392-8047

Fax: (416) 392-0024

August 28, 1998

To:North York Community Council

From:H.W.O. Doyle

City Solicitor

Subject:86 Rivalda Road, North York

Humber, Ward 6

Purpose:

The purpose of this report is to advise of the outcome of the OMB hearing held with respect to the subject property on June 18, 1998.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable

Recommendations:

That this report be received for information.

Council Reference/Background/History:

This application by the owner, Talim-Ul-Islam Ontario, dated October 29, 1997 sought the permission of the Committee of Adjustment to maintain the use of a former industrial building as a Place of Worship and a school. In order to facilitate this request, 10 variances were requested in order to have compliance with the zoning standards for a Place of Worship in an industrial zone. By its Decision dated December 4, 1997, the Committee of Adjustment refused the owner's application. This was, in fact, the second application. The original application for a series of variances which was refused by the Committee of Adjustment and then appealed to the Municipal Board was withdrawn and, therefore, dismissed by the Board.

At its meeting held March 5, 1997, the former City of North York Council authorized staff attendances at the Municipal Board on the original application which was appealed.

Legal and Planning Staff attended the OMB Hearing held on June 18, 1998 in support of the Committee of Adjustment Decision refusing the Application. At the Hearing evidence was given by the local councillor that installation of a privacy fence on the property and the storage of garbage within the building would assist the community.

The Board accepted the expert planning and transportation evidence called by the Appellant and found that good use was being made of the building which might otherwise be empty. The Board found that the variances satisfied the "tests" of Subsection 45(1).

In authorizing the variances requested, the Board imposed two conditions:

1.The owner must construct a 8 foot acoustic fence along its westerly boundary, the exact location of which shall be determined by the parties; and

2.The owner shall execute an Agreement with the City to require garbage to be stored within the building, the creation of 5 tandem parking spaces being the most southerly 5 spaces to be marked for Staff Use, and to require exterior lighting to be away from residential properties.

Conclusions:

That this report be received for information.

Contact Name:

Larry J. Darkes

Solicitor

Legal Division

Corporate Services Department

Tel. No. (416) 392-7247

Fax No. (416) 392-0005

H.W. Doyle

City Solicitor