June 29, 1999

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

Subject:REQUEST FOR DIRECTION

MINOR VARIANCE APPEAL

Minor Variance Application SA167/98

Shell Canada Limited

1670 McCowan Road

Part of Block 'X', Registered Plan M-1341

Agincourt Community

Scarborough Malvern

Purpose:

This report seeks direction from Council regarding the City Solicitor's role at a pending Ontario Municipal Board hearing on a current appeal, as further detailed below.

Recommendations:

It is recommended that City Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Application SA167/98.

Comments:

Wayne Burns, on behalf of Shell Canada Limited, applied to the Committee of Adjustment for the City of Toronto for a variance from the provisions of the Agincourt Community Zoning by-law No.10076, as amended, to permit a proposed convenience store building to be situated 4.5 metres (14.8 feet) from the south property line and 6.1 metres (20 feet) from the west property line, whereas the Zoning By-law requires a minimum 7.5 metre (25 foot) side and rear yard setback to be used for no other purpose than access and landscaping.

The Committee of Adjustment's May 5, 1999 approval of the application has been appealed by Steinberg-Morton Frymer, on behalf of Avral Developments Ltd. (owner of commercial plaza to the west). The appeal raises no issues of significant concerns to the Corporation to warrant expenditure of the City's limited resources on a Board Hearing. No hearing date has been scheduled.

Contact Name:

Joe Nanos, Acting Senior Planner

Scarborough Civic Centre

Telephone: (416) 396-7037

Fax: (416) 396-4265

E-mail: nanos@scarborough.on.ca

Ted Tyndorf, MCIP, RPP

Director, Community Planning, East District

JMN/jmn