H.W.O. Doyle, LL.B., LL.M.

City Solicitor

Legal Services

100 Queen Street West

14th Floor, West Tower, City Hall

Toronto ON M5H 2N2

Tel: (416) 392-8047

Fax: (416) 392-0005

January 27, 1999

To:Scarborough Community Council

From:H.W.O. Doyle

Subject:Ontario Municipal Board Decision

60 Maybourne Avenue, City of Toronto

(Formerly City of Scarborough)

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board (the "Board") Hearing held with respect to 60 Maybourne Avenue.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

For information only.

Council Reference/Background/History:

At its meeting of May 13 and 14, 1998, Toronto Council approved an amendment to the Clairlea Community Zoning By-law to allow for the severance of a lot and the construction of a house on the newly created lot at 60 Maybourne Avenue. The neighbour to the south at 58 Maybourne Avenue appealed Council's decision to the Ontario Municipal Board. The Board hearing concluded on November 27, 1998. The Legal Department was assisted by staff from the Planning Department who provided evidence in support of the Council decision and argued that the density increase and severance were in keeping with a recent OPA encouraging severances in the area. The appellant argued that the severance could be precedent setting and was not consistent with the character of the neighbourhood.

The Board issued an oral decision on November 27, 1998 and followed up with a written decision on December 24, 1998. The Board found in favour of the City position and granted the severance and zoning by-law amendment and dismissed the appeal. The decision is on file with the Clerk's Department.

Contact Name:

Brendan O'Callaghan, Solicitor

Planning and Administrative Tribunal Law

Tel: (416) 392-7786

Fax: (416) 392-0005

H.W.O. Doyle

City Solicitor

Legal Services