February 23, 1998 

 To:Toronto Community Council

 From:Sylvia N. Watson, Toronto Community Council Solicitor

 Subject:Ontario Municipal Board Dispositions, Zoning By-law No. 1997-0257 and Appeals respecting No. 628 Bloor Street West and No. 754 Bathurst Street (Midtown and Trinity-Niagara)

  Purpose:

 Summary of Ontario Municipal Board dispositions implementing the settlement of two zoning by-law appeals authorized by Council.

 Source of Funds:

 Not applicable.

 Recommendations:

 Receive this report for information.

 Council Reference/Background/History:

 The Ontario Municipal Board on December 8, 10 and 11, 1997 had before it two appeals to Zoning By-law No. 1997-0257 of the former City of Toronto. The lands affected by the by-law consist of both sides of Bloor Street West from Bathurst Street to Grace and Christie Streets and also include the west side of Bathurst Street and both sides of Markham Street from Bloor Street to Lennox Street.

 Zoning By-law No. 1997-0257 amended the General Zoning By-law of the former City of Toronto (By-law No. 438-86) by establishing 300 metres as the maximum permissible non-residential gross floor area for a take-out restaurant, restaurant, bakeshop, place of assembly, place of amusement, caterer's shop or club, alone or in combination with each other, within the prescribed area.

  Two appeals were received by the City to By-law No. 1997-0257. Settlements authorized by Council have been implemented by the Ontario Municipal Board and are more fully described in the following paragraphs. The City Solicitor and a planner from Urban Development Services attended at the Ontario Municipal Board on December 8, 10 and 11, 1997.

 Comments and/or Discussion and/or Justification:

 The Ontario Municipal Board in a Memorandum of Oral Decision delivered on December 8, 1997 and Order of the Board, a copy of which has been forwarded under separate cover to the City Clerk, granted a consent Order in which the City and the appellant to By-law No. 1997-0257, being the owner of No. 628 Bloor Street West, agreed to a maximum density for restaurant purposes on the subject site of 440 square metres whereas By-law No. 1997-0257 limited such use to 300 metres. The Board granted the appeal and amended the by-law in accordance with Exhibit 4 which is attached.

 This settlement was authorized by Council at its meeting of October 6 and 7, 1997 (Clause No. 27 of Report No. 16 of the Land Use Committee).

 The Ontario Municipal Board in a separate Decision issued February 4, 1998, a copy of which has been forwarded to the City Clerk under separate cover, also granted a settlement between the City and the appellant to By-law No. 1997-0257, being the owner of No. 754 Bathurst Street. The Board allowed the appeal and amended the by-law in accordance with Exhibit 18 which is attached. Exhibit 18 is an amending by-law which allows a bingo hall use exceeding the by-law's 300 square metre limitation within the existing building, for a 27-month period commencing from the date of the Order of the Ontario Municipal Board. The OMB Decision which was issued February 4, 1998 states the Order is withheld pending receipt by the Clerk of a signed version of an undertaking. This undertaking was Exhibit 11 at the hearing and is attached. Receipt of an executed undertaking remains outstanding and hence the Order of the Board has not yet issued.

 This settlement was authorized by Council at its meeting of December 8, 1997 (Clause No. 11 of Report No. 25 of the Executive Committee).

 Conclusions:

 Settlement of the two appeals authorized by Council have been implemented by the Ontario Municipal Board.

  Contact Name:William Hawryliw, Solicitor

Telephone: (416) 392-7237

Fax: (416) 392-0024

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

   Sylvia N. Watson

Toronto Community Council Solicitor

 WH:jh

Attach.

Full Document Name (e.g. d:\dms\docs\bldmis\999999999.wp)

p:\1998\ug\cps\leg\TO980002.leg