March 18, 1998

 To:Toronto Community Council

 From:Commissioner of Urban Planning and Development Services

 Subject:Status Report - Appeal of the Committee of Adjustment Decision Regarding 550 Queen=s Quay West - Harbourfront Parcel SQ-2 (Downtown)

  Purpose:

 The purpose of this report is to advise Toronto Community Council of the status of an OMB appeal regarding 550 Queen=s Quay West. Settlement discussions between the developer, City planning staff and the Bathurst Quay Neighbourhood Association (BQNA) are under way, and I will be reporting further to Toronto Community Council if time permits, or directly to City Council, on the outcome of these discussions.

 Source of Funds:

 Not applicable.

 Recommendations:

 It is recommended that I report further on the settlement discussions directly to the April 1, 1998 Toronto Community Council meeting if time permits, or directly to City Council on April 15, 1998.

Comments:

 The subject site is located at the northeast corner of Queen=s Quay West and Portland Street, at 540, 560 and 570 Queen=s Quay West. It is the second phase of a residential condominium complex with retail and office uses at grade, previously known as AThe Pavilions@. The first phase of the development, at 500 Queen=s Quay West, is now under construction. Phase II is still subject to a revised Site Plan Application, which has not yet been submitted.

 In December, 1997, the proponents for 550 Queen=s Quay West submitted an application for minor variance to the Committee of Adjustment. Ten variances were sought, and all were granted by the Committee on December 17^th, 1997. The Committee granted its approval notwithstanding a December 5^th letter from myself, which recommended that the requested variances be refused in the form applied for, and that they be amended to yield a more satisfactory building design and site plan.

 The Bathurst Quay Neighbourhood Association (BQNA) appealed the Committee of Adjustment decision to the Ontario Municipal Board (OMB), as did a condominium unit owner at 600 Queen=s Quay West, a building now under construction. On March 4^th, 1998, City Council directed the City Solicitor and the Commissioner of Urban Planning and Development Services to appear at the OMB in support of the BQNA=s appeal of the Committee of Adjustment decision (Clause 50, TCC Report No. 2).

 An OMB hearing has been scheduled for April 27^th, 1998. The City Solicitor has contacted the OMB to secure party status in the upcoming hearing. Settlement discussions between the developer, City planning staff and the BQNA are underway, and considerable progress has been made.

 I will report further on the outcome of the settlement discussions, including terms of settlement, if any. Depending on the time required to pursue settlement, the timing of the follow-up report will be either April 1, 1998 (as an accompanying report to Toronto Community Council), or, alternatively, directly to City Council at its meeting of April 15, 1998.

 Contact Name:Anne Milchberg

Telephone: (416) 392-7216

Fax: (416) 392-1330

E-Mail: amilchbe@city.toronto.on.ca

     Paul J. Bedford

Director, City Planning and Chief Planner

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