June 30, 1999

To:North York Community Council

From:H.W.O. Doyle

City Solicitor

Subject:Joseph Lofaro

752 Glengrove Avenue

Appeal from the Decision of the Committee of Adjustment

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing held with respect to 752 Glengrove Avenue.

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 construction of a two-storey house on property which has previously been the subject of litigation.

The application was dismissed by the Committee of Adjustment in 1992 and the applicant appealed to the Ontario Municipal Board.

Legal staff and planner attended the Ontario Municipal Board hearing held on March 31 and May 17 and 18, 1999 in support of the Committee of Adjustment Decision refusing the application.

By its Decision and Order issued June 9, 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) 392-4420

H.W.O. Doyle

City Solicitor

encl.