December 30, 1998

To:Toronto Community Council

From:H.W.O. Doyle

Subject:Interim Control By-law No. 726-1998 respecting residentially zoned lands fronting on Hazelton Avenue, Webster Avenue, Berryman Street and Bishop Street - Ontario Municipal Board Appeal - Retention of Outside Consultants (Ward 23 - Midtown)

Purpose:

The Legal Services Division is requesting Council authority to retain outside consultants for an Ontario Municipal Board hearing.

Funding Sources, Financial Implications and Impact Statement:

A maximum of $25,000.00 to be allocated from a Corporate Contingency Account to retain outside consultants to testify at an Ontario Municipal Board hearing yet to be scheduled to hear appeals of Interim Control By-law No. 726-1998 passed by the City.

Recommendations:

It is recommended that a maximum of $25,000.00 be allocated from a Corporate Contingency Account to retain outside consultants to testify at an Ontario Municipal Board hearing yet to be scheduled to hear appeals of Interim Control By-law No. 726-1998 passed by the City.

Council Reference/Background/History:

On October2,1998 Council passed Interim Control By-law No. 726-1998 respecting residentially zoned lands fronting on Hazelton Avenue, Webster Avenue, Berryman Street and Bishop Street. By-law No. 726-1998 prohibits the erection of any building or structure or the construction of any addition to and/or enlargement of any existing building or structure within the area shown within heavy lines on the map attached to the by-law. The by-law stipulates that it is in effect for a period of six months from October2,1998.

Council directed the Commissioner of Urban Planning and Development Services to undertake a study of land use policies to assess the existing zoning performance standards affecting the land and any amendment, addition and/or deletion to those zoning performance standards that might better reflect the heritage character of the study area with a report to be provided no later than March1,1999. It was noted in the motion that the area exhibits special historical and architectural characteristics which the present zoning does not adequately protect.

On November12,1998 the Toronto Community Council considered a communication from Councillor Bossons respecting 45 Berryman Street. The Toronto Community Council requested that the Commissioner of Urban Planning and Development Services report directly to Council on November25,1998 on the status of a building permit application for 45 Berryman Street and an exception to Interim Control By-law No. 726-1998 to permit immediate completion of construction of an addition.

Council, at its meeting held on November25,26and27,1998 (Clause No. 58 of Toronto Community Council Report No. 14) received for information a report from the Commissioner of Urban Planning and Development Services recommending against an exception.

Comments and/or Discussion and/or Justification:

Four appeals have been received to the Interim Control By-law:

1.The owner of 59 Hazelton Avenue represented by Robert Jarvis, Q.C. of Meretsky, Jarvis and Associates.

2.The owners of 45 Berryman Street represented by Michael Kovacevic of Smith Lyons.

3.York Row Limited, the owners of 116-134 Yorkville Avenue and 10 Hazelton Avenue represented by Adam Brown of Brown Dryer Karol.

4.The Toronto Catholic District School Board.

Consultation with the appellants has revealed that there could be up to eight professional witnesses called by the parties in total, with the hearing occurring over five days.

The Commissioner of Urban Planning and Development Services has indicated that it would be appropriate to retain outside planing consultants. In that regard, an historical architect and a planner will be retained to support Council's actions.

Conclusions:

We estimate that an upset limit of $25,000.00 would be sufficient and recommend that amount be set aside from a Corporate Contingency Account for this purpose.

Contact Name:Raymond Feig, Solicitor

Telephone:392-7224

Fax:392-0024

E-mail:rfeig@toronto.ca

H.W.O. Doyle

City Solicitor

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