May 6, 1999

To:North York Community Council

From:H.W.O. Doyle

City Solicitor

Subject:R and G Management

1465 Lawrence Avenue West

OMB Zoning Appeal

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing held with respect to 1465 Lawrence Avenue West.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendations:

That this report be received for information.

Council Reference/Background/History:

The applicant made application to the Committee of Adjustment for a number of variances from By-law 7625 in order to permit the addition of 18 two-storey townhouses on property presently occupied by a twenty storey, 161 unit rental apartment building.

The application was dismissed by the Committee of Adjustment and the applicant appealed 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 retain outside professional staff as deemed necessary.

Legal staff and an outside planner attended the Ontario Municipal Board hearing held on January 14 and March 12, 1999 in support of the Committee of Adjustment Decision refusing the application.

By its Decision and Order issued April 14, 1999, the Board found that none of the required four tests under Section 45(1) of the Planning Act was met and dismissed the appeal. A copy of the Board's Decision and Order is attached for Council's information.

Conclusions:

That this report be received for information.

Contact Name:

Irvin M. Shachter

Solicitor

Legal Division

Corporate Services Department

Tel: (416) 392-1219

Fax No. (416) 392-0005

H.W.O. Doyle

City Solicitor