January 26, 1999
To:North York Community Council
From:H.W.O. Doyle
City Solicitor
Subject:5 Queenslea Avenue, North York
Ontario Municipal Board Hearing
Purpose:
The Legal Division is requesting further instructions from Council in respect to the
above-noted appeal.
Funding Sources, Financial Implications and Impact Statement:
Not Applicable
Recommendation:
It is recommended that Council direct the City Solicitor to settle the above-noted appeal.
Council Reference/Background/History:
The owner of 5 Queenslea Avenue sought the permission of the Committee of Adjustment for
a variance from the provisions of North York By-law No. 7625 to permit a private school and
students residence to be operated in an existing building that was formerly used as and
specifically zoned for a nurses residence. While the school is a permitted use, the residence is
not currently permitted.
By its Decision dated September 3, 1998, the Committee of Adjustment refused the owner's
application. The owner appealed that Decision to the Ontario Municipal Board.
At its meeting held on December 16 and 17, 1998, City Council adopted a motion directing
the City Solicitor to appear at the Ontario Municipal Board to defend the Committee of
Adjustment's Decision and authorizing the City Solicitor to retain professional staff as
deemed necessary externally for the Ontario Municipal Board hearing.
Through the efforts of Councillor Sgro's offices, all parties have, in principle, agreed to settle
the appeal on the basis that the use be permitted with certain conditions of approval attached,
which conditions are acceptable to the proponent, the area residents and the local Councillor.
Should Council determine that the settlement is appropriate, the OMB will convene a
teleconference to dispose of this matter on the basis set out above.
Conclusions:
That the settlement as set out above is appropriate.
Contact Name:
Irvin M. Shachter
Solicitor
Legal Division
Corporate Services Department
Tel. No. (416) 392-1219
Fax No. (416) 392-0005
H.W. O. Doyle
City Solicitor
