Purpose:

This report seeks direction from City Council as to the City Solicitor’s role at a pending Ontario Municipal Board hearing, as further detailed below.

Recommendation:

It is recommended that City Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Application No. SA116/99.

Comments:

Minor Variance Application SA116/99

Dorothy and Ivor Gould, 1099 Birchmount Road

Part of Lot 14, Registered Plan 1981

Ionview Community - Scarborough City Centre

The Committee of Adjustment on April 7, 1999, approved a Minor Variance to permit the existing dwelling and the construction of a second-storey addition having a building setback of 4.3 metres (14 feet) from the rear lot line, whereas the Zoning By-law requires a minimum rear yard building setback of 7.8 metres (26 feet) (as detailed in the attached decision). The Minor Variance decision was appealed to the Ontario Municipal Board by the owners of 24 and 26 Mozart Avenue. A hearing date on this matter has not been scheduled at this time by the Board. This is a matter of dispute between the neighbours and does not raise issues of significance to the Corporation to warrant expenditure of the City’s limited resources on the Board hearing.

Conclusion:

The City Solicitor should be directed not to attend any Ontario Municipal Board Hearing with respect to Minor Variance Application SA116/99.

Contact Name:

Euken Lui, Scarborough Civic Centre

Telephone: (416) 396-7015 Fax: (416) 396-4265 E-mail: Lui@city.scarborough.on.ca