November 24, 1998
To:Scarborough Community Council
From:H.W.O. Doyle
City Solicitor
Subject:3543 Danforth Avenue
Ontario Municipal Board Hearing held on October 13, 1998
Purpose:
The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing held with respect to 3543
Danforth Ave. on October 13, 1998.
Funding Sources, Financial Implications and Impact Statement:
Not Applicable
Recommendations:
That this report be received for information.
Council Reference/Background/History:
The Restoration Tabernacle sought the permission of the Committee of Adjustment for a variance from the provisions of
By-law 9812, as amended, to remove the need for a 1.5 metre landscape strip along the westerly boundary of its property
abutting residential uses and a variance from the parking standards for a "place of worship". The Committee of
Adjustment refused the application and the Owner appealed that Decision to the Ontario Municipal Board.
At its meeting held on October 1 and 2, 1998, City Council adopted the recommendation from the Scarborough
Community Council directing the City Solicitor to appear at the Ontario Municipal Board to defend the Committee of
Adjustment's Decision.
Legal and Planning staff attended the Ontario Municipal Board hearing held on October 13, 1998 in support of the
Committee of Adjustment Decision refusing the application. The Board accepted the City's evidence that the variance
from the parking standard did not maintain the intent and purpose of the zoning by-law which is to prevent adverse
impacts on adjacent land uses and the neighbourhood as a whole. The Board found that the evidence to support the
parking reduction was insufficient. The Board refused the variance from the parking requirements of the by-law but
without prejudice to the applicant to reapply to the Committee of Adjustment for a variance supported by an adequate
traffic/parking analysis.
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. O. Doyle
City Solicitor
