September 7, 1999

To:North York Community Council

From:H.W.O. Doyle

Subject:294 Lawrence Avenue East (North York Centre South)

Purpose:

Information purposes only.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

That this report be received for information.

Council Reference/Background/History:

Toronto City Council at its meeting on March 2, 3 and 4, 1999, adopted Clause No. 12 contained in Report No. 2 of the North York Community Council. In so doing, Council instructed the City Solicitor to appear before the Ontario Municipal Board ("the Board") and to retain an outside planner, if necessary, in opposition to a proposal permitting the portion of the house located within the "Green Belt" to be used as accessory office and meeting rooms for the School.

The applicant required variances as the proposed expansion of the school use was not permitted in the rear third of the building under the (former) North York Zoning Official Plan and Zoning By-law. The variances were not approved by the Committee of Adjustment and the Decision was appealed by the applicant.

Comments and/or Discussion and/or Justification:

It was the position of the City and area residents that the application should not proceed as a minor variance but as a Rezoning application and an Official Plan Amendment. The City and area residents were particularly concerned about the lack of a proper planning process with respect to the school's expansion. In its Decision issued on June 11, 1999, the Board allowed the appeal authorized the variances, holding, "The application does not intensify the use or increase student enrollment.".

Conclusions:

The Board approved the subject application, finding that it was minor in nature and would allow for a full utilization of the existing building.

Contact Name:Marc Kemerer

Solicitor, Planning and Administrative Tribunal Law

Telephone: (416) 392-1228

Fax: (416) 397-4420

H.W.O. Doyle

City Solicitor

Legal Services

CITY CLERK

 Clause embodied in Report No. 2 of the North York Community Council, adopted, as amended, by the Council of the City of Toronto at its meeting held on March 2, 3, 4, 1999.

   12

Committee of Adjustment UDCA-98-547 - Toronto French School -

294 Lawrence Avenue East - Ontario Municipal Board Appeal -

Retention of Outside Planning Consultant - North York Centre South

(City Council on March 2, 3 and 4, 1999, amended this Clause by adding thereto the following:

"It is further recommended that the City Solicitor be authorized to represent the City of Toronto at the Ontario Municipal Board Hearing to defend the decision of the North York Committee of Adjustment.")

The North York Community Council recommends the adoption of the following Resolution from Councillor Flint, North York Centre South:

WHEREAS on September 17, 1998, the North York Committee of Adjustment refused a variance requested by the owner of 294 Lawrence Avenue East to permit a portion of the existing dwelling located in lands zoned G (Greenbelt) to be used as a school; and

WHEREAS this was an unanimous decision by the Committee members; and

WHEREAS the applicant has appealed the Committee of Adjustment decision to the Ontario Municipal Board; and

WHEREAS a hearing date has been set for 10:00 a.m., Monday, March 8, 1999; and

WHEREAS there is a great community interest and significance in this application;

THEREFORE BE IT RESOLVED THAT the City retain the services of a planning consultant to defend the Committee of Adjustment decision at the Ontario Municipal Board at a maximum cost of $5,000.00 to be provided from the Corporate Contingency Account.