To:East York Community Council

Etobicoke Community Council

North York Community Council

Scarborough Community Council

Toronto Community Council

York Community Council

From:City Clerk, Planning and Transportation Committee

Subject:Organizational Structure for the new Committee of Adjustment

 Recommendation:

The Planning and Transportation Committee at its meeting on September 13, 1999 referred Recommendation (2) to (6) of the report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services, and the following motions, to Community Councils for review and comment to the Planning and Transportation Committee for its November 1, 1999 meeting:

By Councillor McConnell:

"That Recommendation 2(iii) of the report (August 26, 1999) be amended to clarify that it is the Committee of Adjustment that appoints a City-wide Chair, so as to read:

"2(iii)the Committee of Adjustment appoint a City-wide Chair to provide leadership for the Committee and each Panel appoint a District Chair to guide the process at the local level"; and"

By Councillor Berger

"That the membership of the Committee of Adjustment consist of 5 members, chaired by the Secretary-Treasurer."

The Committee reports, for the information of Community Councils, having requested the Acting Commissioner of Urban Planning and Development Services to:

(1)report to the next meeting of the Planning and Transportation Committee on October 4, 1999, and to the Community Councils, if possible:

a. with a compilation of sample staff reports utilized by each of the Committees of Adjustment for review by the Planning and Transportation Committee with a view to recommending a standard format;

b. on how the process could be structured to allow for evening meetings where requested;

c. on a "bump-up" provision for evening meetings made at the request of a City Councillor;

d. on the right of a City Councillor to defer a hearing for additional community input;

e. on amending the second "Basic Qualification for Appointment to the Committee of Adjustment" contained in Appendix 3 of the report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services by deleting the words "and/or municipal property taxpayer in", so as to read:

"Any person applying for appointment shall be, and must maintain status throughout their term of office as:

• a resident of the City of Toronto
• a Canadian citizen or landed immigrant
• at least 18 years of age"

f. on a Committee of Adjustment fee increase to accommodate an increase in the membership of the panels, as follows:

• north, east and west panels to 7 members with 5 members sitting per session; and

• south district panel to 9 members; and

(2)give a presentation on the organizational structure for the new Committee of Adjustment to the Planning and Transportation Committee when it considers this matter and the comments from the Community Councils.

 Background:

At its meeting on September 13, 1999, the Planning and Transportation Committee gave consideration to the attached report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services providing an organizational structure for a new city-wide Committee of Adjustment, as requested by City Council prior to proceeding with the nomination process and subsequent appointments, advising that the City Solicitor will submit the draft enabling by-law which is required by the Planning Act, and recommending that:

(1)this report be referred to the Community Councils for review and comment to the Planning and Transportation Committee for its November 1, 1999 meeting;

(2)Council approve the following structure for the new Committee of Adjustment for the City of Toronto:

(I)the Committee operate as four District Panels corresponding with the four geographic Districts through which City Planning services are delivered;

(ii)the Committee comprise a total of 22 members assigned and nominated as follows:

North District: 5 membersall nominated by North York Community Council;

South District: 7 membersall nominated by Toronto Community Council;

East District: 5 members2 nominated by East York Community Council; and

3 nominated by Scarborough Community Council;

West District: 5 members2 nominated by York Community Council; and

3 nominated by Etobicoke Community Council;

(iii)the Committee appoint a city-wide Chair, to provide leadership for the Committee and each Panel appoint a District Chair to guide the process at the local level;

(iv)each Hearing be conducted by three of the respective District Panel members, the sitting members to be assigned on a rotational basis;

(v)each Committee Hearing be held during regular business hours; and

(vi)the Committee's four District Panels conduct Hearings in the following four locations: Toronto City Hall and the North York, Scarborough and Etobicoke civic centres;

(3)the City Solicitor be requested to prepare a by-law for presentation to and approval by City Council to constitute one Committee of Adjustment for the City of Toronto and to delegate approval authority to hear applications for minor variance/permission and for the creation of new lots by consent, as permitted by the Planning Act;

(4)City Council direct the City Clerk's Division, Corporate Services Department to commence the process for nominations by the Community Councils;

(5)the Committee of Adjustment, when constituted, be requested to appoint the City Planning Executive Director/Chief Planner or delegate(s) as its Secretary-Treasurer; and

(6)the Acting Commissioner of Urban Planning and Development Services submit a report to City Council, at the beginning of its next term, evaluating the new Committee of Adjustment's organizational structure.

  City Clerk

Christine Archibald/caa

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