July 23, 1998

To:Toronto Community Council

From:H.W.O. Doyle

City Solicitor

Subject:963 Bloor Street West - Ontario Municipal Board Decision (Ward 20)

Purpose:

To advise the Toronto Community Council of the Ontario Municipal Board Decision respecting 963 Bloor Street West.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications for the City. This matter requires no funding.

Recommendations:

It is recommended that this report be received for information.

Comments:

The owner of 963 Bloor Street West appealed the decision of the Committee of Adjustment refusing a variance to permit a rear restaurant patio on property located 9.44m from the nearest R-zoned property, rather than the prescribed minimum separation of 10 m. At its meeting of June 3, 4 and 5, Council adopted the motion made by the ward councillors seeking authority for the City Solicitor and Commissioner of Urban Planning and Development to attend the Ontario Municipal Board hearing in support of the refusal.

The assigned solicitor reviewed the matter with the area planner, who had previously submitted a letter to the Committee of Adjustment recommending conditions for approval. The planner advised that he could not testify in support of outright refusal and informed the Ward Councillors. (No other member of planning staff could testify to that effect, either.) The assigned solicitor, therefore, attended the hearing without a planning witness and presented a case relying on cross-examination of the appellant's planner, the testimony of neighbours in opposition and final submissions.

The Board allowed the appeal and permitted the rear patio, subject to conditions directed to the operation and management of the patio. The conditions included the five originally suggested by the planner with two amendments making them stricter and two new conditions extracted by the City's lawyer through cross-examination, as set out in the decision.

In my view, there are no grounds for appeal of the decision.

A copy of the OMB Decision is attached and is on file with the City Clerk.

Contact Name:John Paton, Solicitor

Telephone:392-7230

Fax:392-0024

E-mail:jpaton@city.toronto.on.ca

H.W.O. Doyle

City Solicitor

JAP:sy

Attach:

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