March 3, 1998 

 To:Toronto Community Council

 From:Sylvia N. Watson, Toronto Community Council Solicitor

 Subject:Park Drive Ravine, Ontario Municipal Board Decision, Dismissal of Two Appeals to Zoning By-law No. 1997-0369 (Midtown)

  Purpose:

 Summary of Ontario Municipal Board Decision dismissing two appeals to Zoning By-law No. 1997-0369.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendations:

 That this report be received for information.

 Council Reference/Background/History:

 Council of the former City of Toronto on July 14, 1997 enacted By-law No. 1997-0369 which prohibited development within Park Drive Ravine and within 10 metres of the top of slope of Park Drive Ravine. The two appeals to such by-law respecting properties at No. 119R Glen Road and No. 15 Beaumont Road were dismissed by the Ontario Municipal Board in a decision issued December 16, 1997.

 Comments and/or Discussion and/or Justification:

 The City Solicitor and outside planning consultants and a biologist retained by the City attended at the Ontario Municipal Board for a three week hearing commencing October 14, 1997 of the two appeals to Zoning By-law No. 1997-0369.

 Of the approximately 170 properties affected by By-law No. 1997-0369, 4 were vacant lots and the appellants owned two of these lots. Redevelopment was proposed within the ravine portion of such lots and the Ontario Municipal Board was not convinced that relief was warranted. The decision of the Ontario Municipal Board issued December 16, 1997, which is 32 pages in length, has been filed, under separate cover, with the City Clerk.

 The owners of four properties adjacent to No. 119R Glen Road retained counsel to support the City's by-law and opposed both appeals.

 Both appellants have filed motions seeking leave to judicially appeal the Ontario Municipal Board decision and no date has been set to hear these. Both have also requested that the Ontario Municipal Board grant a review of its decision under Section 43 of the Ontario Municipal Board Act. The Ontario Municipal Board has responded to the appellants that it is holding in abeyance the requests for a motion seeking review pending the outcome of the motion seeking leave to judicially appeal, and if granted, the outcome of the appeals.

 Conclusions:

 The Ontario Municipal Board has dismissed the two appeals to Zoning By-law No. 1997-0369. I will continue to support the City's by-law and oppose any judicial appeals or any requested reviews before the Ontario Municipal Board of its decision.

 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

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