Appeal to Ontario Municipal Board - Nazeer Bishay
22 Kingsview Boulevard (Kingsway-Humber)
The Etobicoke Community Council recommends the adoption of the confidential report dated June 15, 1999, from
the City Solicitor, respecting a settlement proposal in conjunction with an Ontario Municipal Board hearing
scheduled for July 30, 1999, which was forwarded to Members of Council under confidential cover.
The Etobicoke Community Council submits the following report (June 15, 1999) from the City Solicitor:
Purpose:
This report represents a status report regarding the matters involving Nazeer Bishay and 22 Kingsview Boulevard.
Funding Sources, Financial Implications and Impact Statement:
None.
Recommendation:
It is recommended that this report be received.
Council Reference/Background/History:
This matter has a lengthy history, which is outlined below.
Mr. Nazeer Bishay is the owner of 22 Kingsview Boulevard. He sought and obtained a building permit for the purpose of
constructing a dwelling at that address. During the course of construction, Mr. Bishay strayed from the building permit as
follows:
1.The height of the building was 10.27 metres, rather than the permitted 9.5 metres;
2.The rear yard setbacks were 22.24 metres and 22.42 metres, rather than the permitted 22.72 metres;
3.A patio enclosure was not shown on the plans;
4.The front yard driveway was not delineated from the balance of the front yard, allowing vehicles to travel virtually
anywhere on the front yard, in contravention of the Zoning Code; and
5.The drainage pattern was not in accordance with the plans submitted.
As a result, Mr. Bishay was prosecuted under both the Building Code Act and the Etobicoke Zoning Code, resulting in
convictions and fines totalling $5,350.00. Those convictions were appealed by Mr. Bishay, and the appeal is now
scheduled for June 28, 1999.
The City also obtained a mandatory Order from the Court, requiring that Mr. Bishay build in accordance with his building
permit. Mr. Bishay's appeal of that Order was dismissed.
Two contempt Orders have been obtained against Mr. Bishay, relating drainage and landscaping. A third contempt Motion,
relating to the patio enclosure, the rear yard setback and the height, remains outstanding, pending the outcome of Mr.
Bishay's appeal to the Ontario Municipal Board (as set out below).
In order to Alegalize@ the rear yard setback, the patio enclosure and the height, Mr. Bishay applied to the Committee of
Adjustment for a variance. That variance request was denied. Mr. Bishay appealed the decision of the Committee of
Adjustment to the Ontario Municipal Board. The Ontario Municipal Board dismissed Mr. Bishay's appeal.
In May, 1998, Mr. Bishay brought forward a site specific zoning by-law request, again attempting to "legalize" the rear
yard setback, patio enclosure and height. In a report dated May 27, 1998, submitted to this Committee, Karen Bricker,
Commissioner of Urban Development, Etobicoke, recommended "that the application be refused and that the applicant be
invited to appear in deputation before the Etobicoke Community Council." Mr. Bishay and his counsel did appear before
Etobicoke Community Council. Etobicoke Community Council refused his application.
Mr. Bishay appealed this refusal to the Ontario Municipal Board. That appeal was scheduled to be heard on June 14, 1999.
Discussion:
Prior to the Ontario Municipal Board hearing date, Mr. Bishay approached the City, with a view to a possible settlement.
The parameters of settlement and our comments thereon will be provided to you under separate confidential cover.
On June 14, 1999, the Ontario Municipal Board, Mr. G. Harron presiding, heard Mr. Bishay's adjournment request. In
attendance before the Ontario Municipal Board were Mr. Bishay, the City, through Paul Zuliani and the writer, and six area
residents. After hearing submissions from Mr. Bishay, the City and the area residents, Mr. Harron adjourned the hearing to
Friday, July 30, 1999 at 10:00 a.m. at the offices at the Ontario Municipal Board, 655 Bay Street, 16th floor, Toronto,
Ontario. This hearing is peremptory and will proceed on that date, settlement or no settlement.
Conclusions:
There are no real conclusions to offer in the Bishay matter, in that so many issues remain outstanding.
Contact:
John R. Hart, Solicitor
Tel: (416) 622-6601, Fax: (416) 622-4713, email: rrgk@istar.ca
