December 15, 1998

To:North York Community Council

From:H.W.O. Doyle

City Solicitor

Subject:Pearl Godfrey - 123 and 125 Steeles Avenue East

Ontario Municipal Board Appeal

Retention of Outside Planning Consultant

Purpose:

The Legal Division is requesting Council authority to retain an outside planning consultant for the pending Ontario Municipal Board Hearing.

Funding Sources, Financial Implications and Impact Statement:

A maximum of $15,000.00 to be allocated from a Corporate Contingency Account for the retention of an outside planning witness.

Recommendation:

1.That a maximum of $15,000.00 be allocated to the Legal Division from a Corporate Contingency Account to retain a planning consultant to testify at an Ontario Municipal Board Hearing yet to be scheduled to hear the Appeal of the landowner.

Council Reference/Background/History:

The landowner has appealed to the Ontario Municipal Board from the refusal of the Council of the former City of North York to enact a Zoning By-law to permit the lands at 123 and 125 Steeles Avenue East to be developed with two semi-detached dwellings having a total of 4 units. North York planning staff recommended approval of the application; the Planning Committee and Council of the former City refused the application and did not adopt the Planning Department=s recommendation.

Since planning staff cannot provide evidence under oath, we require a planning consultant to support the Decision of the Council of the former City of North York.

Conclusions:

We estimate that an upset limit of $15,000.00 be set aside in a Corporate Contingency Account for this purpose.

Contact Name:

Larry J. Darkes

Solicitor

Planning & Administrative Tribunal Law

Tel. No. (416) 392-7247

Fax No. (416) 392-0005

H.W. O. Doyle

City Solicitor