August 28, 1998
To:Scarborough Community Council
From:H.W.O. Doyle
City Solicitor
Subject:Ontario Municipal Board Decisions:
Lawrence Avenue Group Limited
880 Ellesmere Road, Variance Appeal;
Caroline Huaping Chiang
43 Alanbull Square, Variance Appeal
Our File Nos. GHE1 10217 & GHE3 10186
Purpose:
To advise of the decision of the Ontario Municipal Board with respect to the above-noted matters.
Recommendations:
It is recommended that this report be received for information.
Background:
Lawrence Avenue Group Limited - 880 Ellesmere Road
At its meeting of March 4, 1998, Council directed the City Solicitor to attend at the Ontario Municipal Board in support of
the Committee of Adjustment decision to refuse a variance to reduce the parking standard for 880 Ellesmere Road,
notwithstanding the advice of the planning staff in support of the variance. The matter was heard by Mr. Perlin on July 2,
1998. The City and an abutting landowner argued that the existing parking standard was necessary to regulate the use of the
property and, therefore, the variance could not be minor. The Chair agreed with this argument and dismissed the appeal
against the Committee's decision on the parking standard. A copy of the decision is attached hereto.
Background:
Caroline Huaping Chiang - 43 Alanbull Square
At its meeting of April 16, 1998, Council directed the City Solicitor to attend at an Ontario Municipal Board hearing in
support of a Committee of Adjustment decision refusing a minor variance to reduce the rear yard set-back at 43 Alanbull
Square from the required 7 metres to 5.1metres, notwithstanding the position of planning staff in support of the variance.
A representative of the Law Department attended at the hearing and argued that the variance was not minor but was unable
to call evidence in support of this position because of the lack of funds available for outside planning witnesses. Having
heard sworn expert planning testimony only in support of the variance, the Chair had no alternative but to allow the appeal
and grant the variance. A copy of the decision is attached hereto.
Contact Name:
Brendan O'Callaghan, Solicitor
Planning & Administrative Tribunal Law
Tel: (416) 392-7786
Fax: (416) 392-0024
H.W.O. Doyle
City Solicitor
Legal Services
