Ontario Municipal Board Decision
- 963 Bloor Street West (Trinity Niagara)
The Toronto Community Council recommends that City Council receive the following
report (July 23, 1998) from the City Solicitor and that the Alcohol and Gaming
Commission be advised that City Council has requested that serving on the patio at
963 Bloor Street West cease at 10:00 p.m:
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.
Recommendation:
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