Andre Adams - 128 Scarboro Avenue

Ontario Municipal Board Appeal A252/97

Retention of Outside Planning Consultant

The Scarborough Community Council recommends the adoption of the following report (October 27, 1998) from the City Solicitor:

Purpose:

The Legal Division is requesting Council authority to retain outside planning evidence.

Funding Sources, Financial Implications and Impact Statement:

A maximum of $10,000.00 to be allocated from the Corporate Contingency Account for the retention of an outside planning witness.

Recommendation:

It is recommended that City Council approve the allocation of a maximum of $10,000.00 to the Legal Division from the Corporate Contingency Account to retain a planning witness with respect to the pending Ontario Municipal Board appeal on 128 Scarboro Avenue.

Council Reference/Background/History:

At its meeting of October 28, 1998, Council instructed the City Solicitor to attend any Ontario Municipal Board Hearings with respect to Minor Variance Application A252/97.

The applicant applied to the Committee of Adjustment for the City of Toronto for a variance from the lot area provisions of the Highland Creek Community Zoning By-law No. 10827 to permit two single family dwelling lots to each have a minimum lot area of 5289 square feet whereas the Zoning By-law requires 7500 square feet.

On July 15, 1998, the Committee of Adjustment refused the variance request. As a result, the applicant appealed. In addition, a consent application in support of the minor variance application was refused on August 10, 1998 and that decision has been appealed.

The Council has instructed the City Solicitor to attend the hearing at Ontario Municipal Board, but as planning staff are unable to provide evidence under oath, we require a planning consultant to support the Decision of the Committee of Adjustment.

Conclusions:

We estimate that an upset limit of $10,000.00 be set aside in the Corporate Contingency Account for this purpose.

Contact Name:

Larry J. Darkes

Solicitor

Planning and Administrative Tribunal Law

Tel. No. (416) 392-7247