January 5, 1999

To:North York Community Council

From:Bryan W. Tuckey

Director, Community Planning, North District

Subject:REPORT - Appeal of Rezoning Application

1205373 Ontario Limited (Peter Freed)

70 to 102 Ellerslie Avenue

Part of Blocks 2 and 3, R.P. 2097

Ward 10 - North York Centre

UDZ-98-08

Purpose:

At its meeting of December 9,1998, the North York Community Council was advised that notices of appeal had been filed objecting to Official Plan Amendment No. 467 which was adopted by Council on October 1, 1998. OPA 467 deletes Section C.9.140 of the North York Official Plan (dealing with 88 to 102 Ellerslie Avenue) which had been adopted as part of OPA 381 but had been referred to the Ontario Municipal Board.

The purpose of this report is to advise that an appeal of zoning by-law amendment application UDZ-98-08 (dealing with 70 to 102 Ellerslie Avenue) has been filed by Jeffrey Goldenberg, solicitor for the applicant, 1205373 Ontario Limited (Peter Freed). The applicant=s solicitor has filed the appeal on the grounds that the Council of the City of Toronto has refused or failed to approve the zoning by-law amendment. They have requested that both the OPA 467 appeals and the rezoning appeal be consolidated. A copy of the appeal letters submitted to the Ontario Municipal Board and the City Clerk are attached to this report.

Recommendation:

It is recommended that this report be received for information.

Contact Name:

Nimrod Salamon, Senior Planner

Telephone: (416)395-7134

______________________________

Bryan W. Tuckey

Director, Community Planning, North District

ns\reports\Z9808.rp2