Scarborough Civic Centre

150 Borough Drive

Scarborough, Ontario

Canada M1P 4N7

www.toronto.ca

Tel: 416-396-7343

Fax: 416-396-4265

Urban Planning and Development Services

March 8, 1999

To:Urban Environment & Development Committee

From:Commissioner, Urban Planning and Development Services

Subject:Delegation of Consent Approval Authority to Committee of Adjustment

(Scarborough)

Purpose:

To recommend that City Council delegate consent approval authority under Section 54 of the Planning Act, to the Committee of Adjustment (Scarborough), in order to achieve harmonization of this practice city-wide.

Financial Implications:

The recommendations in this report have no financial impact.

Recommendations:

It is recommended that:

1.City Council amend Clause 2, City of Toronto By-law No. 671-1998 to delegate approval authority for consent applications to the Committee of Adjustment (Scarborough), instead of the Director, Community Planning (East District).

2.This report be forwarded to Scarborough Community Council for comments, prior to the introduction of the necessary Bill in Council.

Background:

Council of the former City of Scarborough delegated approval authority, under Section 54 of the Planning Act, for consent applications to the Commissioner of Planning and Buildings on June 10, 1997 by confirmatory By-law No. 25148. This approval authority was subsequently transferred and delegated by City Council to the Director, Community Planning (East District), on October 2, 1998 by City of Toronto By-law No. 671-1998.

Discussion:

The delegation of consent granting authority to an appointed officer, as permitted in the Planning Act, was an interim policy and practice of Scarborough, during the amalgamation period. Prior to amalgamation the approval authority was delegated to the Planning and Buildings Committee, (Committee of Council), or during Councils' summer recess or election breaks, to the Committee of Adjustment.

Delegation to an appointed officer may provide a more efficient process for considering consent applications which are generally technical in nature, such as establishing easements and rights-of way, long term leases or clarifying land titles. This practice however, does not provide opportunity for consideration of community and planning issues in a public forum on consent applications affecting development in a neighbourhood, such as the creation of infill lots through severance. Delegation of consent approval authority to a Committee of Adjustment would provide the applicant and surrounding property owners opportunity for input into the decision making process in an open, public forum.

Consent applications involving an existing or proposed development project will also often require a minor variance application. In these cases, the Committee of Adjustment would be in a position to hear both applications at the same time. This would ensure public consideration of any issues regarding both applications, provide for a single approval authority to facilitate the proposal and provide opportunity for public involvement in the joint decision making process.

Except in the former City of Scarborough, consent approval authority was delegated to the Committee of Adjustment. In order to achieve a consistent, City-wide, consent practice at this time, it is recommended that consent approval authority be delegated to the Committee of Adjustment (Scarborough).

Contact Name:

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

Scarborough Civic Centre

Telephone: (416) 396-7343

Fax: (416) 396-4265

E-mail: Tyndforf@city.scarborough.on.ca

Reviewed by:

Paul J. BedfordVirginia M. West

Executive Director and Chief PlannerCommissioner

City Planning DivisionUrban Planning and Development Services