Request for Direction, Minor Variance Appeal

3173763 Canada Incorporated

East Side of Warden Avenue, North of Metropolitan Road

Ward 14 - Scarborough Wexford

 The Scarborough Community Council recommends that City Council:

 (1)strike out the recommendation contained in the following report; and

 (2)take no action on this matter.

 The Scarborough Community Council submits the following report (July 3, 1998) from the Commissioner of Planning and Buildings, Scarborough:

Purpose:

 This report seeks direction from Council as to the City Solicitor's role at the pending Ontario Municipal Board hearing, which has been scheduled for August 10, 1998, on the current minor variance application appeal, as detailed below.

 Recommendations:

 It is recommended that City Council direct the City Solicitor to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment's decision with respect to Minor Variance Application SA50/98.

 Comments:

 Variance Application SA50/98

3173763 Canada Inc.

East side of Warden Avenue, North of Metropolitan Road

Part of Blocks G and H, Registered Plan 4597

Ellesmere Employment District - Ward 14 - Scarborough Wexford

 The Toronto Chinese Methodist Church is proposing to purchase the subject property in order to construct a place of worship. The Church has applied to the Committee of Adjustment for the City of Toronto for a variance from the provisions of the Employment Districts Zoning By-law No. 24982 (Ellesmere), as amended, in regard to Part of Blocks G and H, Registered Plan 4597, for the property located on the east side of Warden Avenue, north of Metropolitan Road, to permit:

 (1)a Place of Worship on a lot which does not abut directly upon Warden Avenue, whereas the Zoning By-law permits a Place of Worship on this site provided the lot abuts Warden Avenue; and

 (2)the use of this property, which does not abut or front a street, whereas the Zoning By-law prohibits the erection of a building or use of a lot unless the lot to be so used or upon which the building is situated or proposed to be erected, abuts or fronts on a street.

 An abutting property owner, Quality Inn - Toronto East, has appealed the May 20, 1998 decision of the Committee of Adjustment which authorized a variance to permit a Place of Worship on a lot which does not abut directly upon Warden Avenue, and the use of this property to permit the erection of a building or use of a lot which does not abut or front a street.

 The concerns raised regarding this variance application appeal include traffic on a City street and land use compatibility issues. However, staff are of the opinion that the proposed use, as expressed in the staff report (attached), is appropriate for this site. Therefore, the City Solicitor should be directed to attend any OMB hearing in support of the Committee's decision regarding this variance.

 Contact Name:

 Bill Kiru, MCIP, RPP

Planner, Community Planning Division

(416) 396-7014

(416) 396-4265 Fax Number

kiru@city.scarborough.on.ca