August 19, 1998

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East Office

Subject:REQUEST FOR DIRECTION MINOR VARIANCE APPEAL

Purpose:

This report seeks direction from Council as to the City Solicitor's role at a pending Ontario Municipal Board hearing on a current appeal, as further detailed below.

Recommendation:

It is recommended that City Council direct the City Solicitor to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment's decision with respect to Minor Variance Application SA105/98.

Comments:

Variance Application - SA105/98

Winnie Kit Han Shen

M.T.C.C. No. 1016, Unit 24, Level 1

50 Nashdene Road, Unit 105

Block 9, Registered Plan M-2120

Tapscott Employment District

Ward 18 - Scarborough Malvern

Peter Chee, on behalf of Winnie Kit Han Shen, has applied to the Committee of Adjustment for the City of Toronto for a variance from the provisions of the Employment Districts Zoning By-law (Tapscott Employment District) Number 24982, as amended, to permit an Auto Glass Repair Shop for a temporary period terminating on September 1, 2003 whereas the Zoning By-law only permits Day Nurseries, Educational and Training Facility Uses, Industrial Uses, Offices excluding Medical and Dental Offices, Places of Worship and Recreational Uses.

The owners have appealed the July 15, 1998 decision of the Committee of Adjustment which refused the requested minor variance application.

In 1996, Council of the former City of Scarborough amended its Official Plan and Employment Districts Zoning By-law to permit vehicle service and repair garages in the Tapscott Employment District, among other Employment Districts. Vehicle Service and Repair Garages were restricted to sites in the interior of the District which are removed from arterial roads and residential areas and which have vehicular access only from an interior street. The proposed Auto Glass Repair Shop is considered a Vehicle Repair Garage. As such, the proposed use and location is inconsistent with the Official Plan designation and policies applying to the subject lands and with the regulations contained within the Employment Districts Zoning By-law. Therefore, the City Solicitor should be directed to attend the Ontario Municipal Board Hearing in support of the Committee's decision regarding this variance.

Contact Name:

Victor Gottwald, Acting Senior Planner

Community Planning Division

Phone: (416) 396-5004

Fax: (416) 396-4265

E-mail: gottwald@city.scarborough.on.ca

Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East Office

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