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October 26, 1998

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

Subject:Process Necessary to Amend Zoning for 261 Port Union Road

Purpose:

On October 14, 1998, Community Council received a staff report from the Director of Municipal Standards concerning the above mentioned property. Upon consideration of the report Community Council requested that the Director of Community Planning, East District report to Community Council on the process necessary to amend the zoning for the above mentioned property. It is understood that there is some concern about a public garage operation on site. This report responds to that direction.

Recommendations:

That this report be received for information.

Background:

The property known municipally as 261 Port Union Road is located on the east side of Port Union Road as shown on Figure 1. The property is zoned Commercial (C) which permits a range of commercial uses including Public Garages.

Council can initiate an application to amend the existing zoning for this property. It is obliged to give notice and hold a public hearing. Council action can be appealed to the Ontario Municipal Board.

Council may change the zoning on any property within the City however, if such a change reduces the value of the property or affects the owner's ability to continue using the property, the owner may seek compensation from the City. The zoning on the property can be changed however all existing uses can remain in operation as lawful non conforming even if excluded from new zoning permissions.

Conclusions:

It is the opinion of both the planning and legal staff that an amendment to the existing zoning for this property will not address Council's concerns. A remedy to the concerns may be found through dialogue between the Ward Councillors and the owner and the ongoing work of Municipal Standards staff.

Contact Name:

Theo Lawrence

Scarborough Civic Centre

Telephone: (416) 396-7038

Fax: (416) 396-4265

E-mail: lawren_t@scarborough.on.ca

Respectfully submitted,

Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

TT/TL/nk

 

   
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