January 27, 1999

To:North York Community Council

From:H.W.O. Doyle

City Solicitor

Subject:Ontario Municipal Board hearing held on December 9 and 10, 1998

129 Willowdale Ave., 261 Greenfield Avenue and 260 Maplehurst Ave.

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing held with respect to the above addresses on December 9 and 10, 1998.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That this report be received for information.

Council Reference/Background/History:

DeLuca Laboratories has operated a business employing over 40 people in a building located at 129 Willowdale Avenue for the past 30 years. The Laboratory fronts directly onto Willowdale Avenue and has a parking lot at the rear of the building. Mr. and Mrs. DeLuca also own the two residential properties directly abutting the rear of the Laboratory lands. Those residential lots run north and south and front onto Greenfield Avenue and Maplehurst Avenue. The DeLuca family owns a Tee shaped property composed of three separate parcels of land.

A portion of each of the residential lots has been paved and has served as an accessory parking area for the Laboratory business for 13 years. Since 1987 access to the parking lot has been via a shared driveway.

To legalize the existing situation to allow for the continued use of the two residential properties as a commercial parking lot serving the Laboratory, amendments to the Official Plan and Zoning By-law were requested. The applications were refused by the former North York Council, and as a result, appeals to the Board were launched.

At the hearing, a land use planner and two residents gave evidence in support of the appeal. The City retained a qualified land use planner who gave evidence in opposition. Five residents testified in opposition.

The Board found that the proposal represented good planning and approved the Official Plan and Zoning By-law, subject to the Owners entering into a Site Plan Agreement with the City and formalization of the form of the planning documents.

The Board found as a fact that the additional parking area has existed on the lands for the past 13 years and there is no evidence of destabilization of the residential area resulting from this use. In approving the planning documents, the Board required that they shall be prepared in a form acceptable to the City, and will provide for the continuation of the R-4 zoning by creating an exception to allow a commercial parking lot as an accessory to the commercial uses on the Laboratory site.

Conclusions:

That this report be received for information.

Contact Name:

Larry J. Darkes

Solicitor

Legal Division

Corporate Services Department

Tel. No. (416) 392-7247

Fax No. (416) 392-0005

H.W. O. Doyle

City Solicitor