November 24, 1998

To:Toronto Community Council

From:H.W.O. Doyle

Subject:50 Prince Arthur Avenue - Ontario Municipal Board Hearing - Retention of Outside Planning Advice and Further Instructions (Ward 23 - Midtown)

Purpose:

To identify an appropriate source of funds for the retention of outside planning advice and to obtain further instructions in connection with the upcoming Ontario Municipal Board hearing.

Funding Sources, Financial Implications and Impact Statement:

The Ontario Municipal Board has set aside eight days to hear this matter in addition to two prehearing days. Mr. Leon Kentridge of Kentridge Johnston Limited has been retained to provide evidence on the City's behalf subject to the identification of an appropriate source of funds, in accordance with Toronto City Council's instructions.

The funding implications should the hearing take the full eight days are that $26,000 plus GST and disbursements will be required.

I am recommending that funds be made available from the City's Corporate Contingency Account.

Recommendations:

It is recommended that:

(1)funds be made available from the City's Corporate Contingency Account to pay for the retention of outside planning advice for the Ontario Municipal Board hearing respecting 50 Prince Arthur Avenue, as set forth in the City Solicitor's report of November 24, 1998; and

(2)the City Solicitor be instructed to appear at the Ontario Municipal Board in support of both the Committee of Adjustment's decision to refuse the consent application (No. A861-97) and the Council's decision of July, 29, 30 and 31, 1998 to refuse the application to remove the trees situated at 50 Prince Arthur Avenue, together with such other staff as may be appropriate.

Council Reference/Background/History:

At its meeting of July 29, 30 and 31, 1998, the Council of the City of Toronto gave consideration to Clause No. 7 contained in Report No. 10 of the Toronto Community Council and recommended refusal of the Official Plan and Zoning By-law amendments, site plan application, and the application to remove trees for 50 Prince Arthur Avenue. In addition, Council instructed the City Solicitor to appear at the Ontario Municipal Board hearing in support of the refusal of these applications and to uphold the Committee of Adjustment decision refusing the requested variances and authorized the retention of outside planning advice subject to a further report to Council identifying an appropriate source of funds.

Comments and/or Discussion and/or Justification:

This report is in accordance with City Council's instructions at its meeting of July 29, 30 and 31, 1998. A prehearing was held by the Ontario Municipal Board on November 2, 1998. A further prehearing will be held on December 7, 1998. The hearing in this matter is scheduled to commence February 15, 1999 and as stated above, the Board has set aside eight days.

In addition to the matters previously reported on, in furtherance of the proposed development of the subject site the applicant has since applied to the Committee of Adjustment for consent to sever. This application was refused and the applicant has now appealed this decision. This appeal will be consolidated with the other matters before the Board at the upcoming hearing. Accordingly, Recommendation (2) above includes the requisite instruction to oppose such appeal..

Previously City Council refused the application to remove trees at this site. The applicant failed to appeal this decision through an apparent oversight and accordingly Council has todate not provided instructions with respect to this aspect of the hearing. The applicant has refiled their application and it was agreed at the prehearing that no further processing would occur and that the applicant's appeal of Council's refusal would be consolidated with the hearing of the other related planning matters. Recommendation (2) above includes the requisite instruction for me to support Council's decision in this regard.

Contact Name:Sharon Haniford, Solicitor

Telephone: 392-6975

Fax: 392-0024

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

H.W.O. Doyle

City Solicitor