Ontario Municipal Board Appeal - Committee of Adjustment
Decision - 233 Pearson Avenue (High Park)
The Toronto Community Council recommends that the City Solicitor be instructed to
attend the Ontario Municipal Board hearing in support of the Committee of Adjustment
decision respecting 233 Pearson Avenue.
The Toronto Community Council submits the following motion from Councillor
Korwin-Kuczynski:
"WHEREAS, the Ontario Municipal Board will be considering an appeal by Mr. Ali Shala,
owner of 233 Pearson Avenue, with respect to a decision by the Committee of Adjustment,
denying permission to maintain a fourth floor addition;
WHEREAS there are significant concerns with the maintaining of the fourth floor addition, as
the decision of the Committee of Adjustment, denied him permission to maintain the
structure;
WHEREAS the owner of 233 Pearson Avenue has in the past, built an addition without proper
approval, which resulted in obtaining a conviction and prohibition order on April 30, 1998,
against Mr. Ali Shala;
WHEREAS the coverage of the building already surpasses the maximum allowed by both the
Zoning By-law and the Official Plan, and the applicant already enjoys substantial relief from
the by-law in terms of gross floor area, and any further relief in this regard would result in an
over-intensification in the use of the building;
NOW THEREFORE BE IT RESOLVED THAT City Council advise the Ontario Municipal
Board, that the variances being sought by the applicant are not considered minor, and Mr.
Shala's past history of zoning, building, and possible plumbing and fire code violations, do
not warrant consideration of approval of the appeal by the Ontario Municipal Board;
AND BE IT FURTHER RESOLVED THAT subsections 26(4), 27(1) and 28(1) of the
Council Procedural By-law be waived to permit introduction and debate of this motion at the
meeting of Toronto Community Council to be held on May 26, 1999."
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(A copy of the Decision of the Committee of Adjustment dated December 9, 1998, was
forwarded to all Members of the Toronto Community Council with the agenda for its meeting
on May 26, 1999, and a copy thereof is on file in the office of the Cit Clerk.)
