August 27, 1998
To:Scarborough Community Council
From:H.W.O. Doyle
City Solicitor
Subject:Ontario Municipal Board Decision
The Burnac Corporation
North-west corner of Neilson Road and McLevin Avenue
OPA and Zoning Appeal
Our File No. GHE3 10110
Purpose:
To advise of the decision of the Ontario Municipal Board with respect to the above-noted matter.
Recommendations:
It is recommended that this report be received for information.
Background:
The owner of a property located on the north-west corner of Neilson Road and McLevin Avenue, appealed its application
for an Official Plan Amendment and a Zoning By-law Amendment to permit commercial and residential uses including 260
apartment units and 6,800 square metres of retail and office uses, based on Council's failure to make a decision on the
application within 90 days as required by Section 34(11) of the Planning Act.
At its meeting of May 13, 1998, Council instructed the City Solicitor to negotiate a settlement with the appellant based on
certain criteria. The negotiation process proved to be very successful with the appellant agreeing to all requests by the City,
including the deletion of the live/work units, the provision of a more prominent commercial building on the corner,
improved facade and roofline treatment for the apartment buildings, more efficient pedestrian and vehicular circulation and
increased front yard setbacks for the street townhouses. Because of the negotiated settlement, the Board was able to make a
final decision at a pre-hearing rather than waiting for the full hearing date scheduled for September 16, 1998. As such, the
Board issued an Order approving the OPA and Zoning By-law on July 20, 1998. 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
