Appeal of Committee of Adjustment Decision - Joseph Lofaro -

752 Glengrove Avenue - North York Spadina

The North York Community Council recommends that:

(1)the following report (June 30, 1999) from the City Solicitor be received;

(2)the appropriate City officials be directed to take whatever action may be necessary to have this property cleaned up, including:

(I)the filling in of the excavation;

(ii)the removal of building materials; and

(iii)the provision of an appropriate ground cover to protect the neighbourhood from blowing dust; and

(3)if Mr. Lofaro refuses to complete the work referred to in Recommendation No. (2), or fails to do so, the City complete the work; collect the costs, and if necessary, add those costs to the taxes for the property.

The North York Community Council submits the following report (June 30, 1999) from the City Solicitor:

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing held with respect to 752 Glengrove Avenue.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendation:

That this report be received for information.

Council Reference/Background/History:

The applicant made application to the Committee of Adjustment for a number of variances from By-law No. 7625 in order to permit the construction of a two-storey house on property which has previously been the subject of litigation.

The application was dismissed by the Committee of Adjustment in 1992 and the applicant appealed to the Ontario Municipal Board.

Legal staff and planner attended the Ontario Municipal Board hearing held on March 31 and May 17 and 18, 1999 in support of the Committee of Adjustment Decision refusing the application.

By its Decision and Order issued June 9, 1999, the Board found that none of the required four tests under Section 45(1) of the Planning Act was met and dismissed the appeal. A copy of the Board's Decision and Order is attached for Council's information.

Conclusions:

That this report be received for information.

Contact Name:

Irvin M. Shachter, Solicitor

Legal Division

Corporate Services Department

Tel: (416) 392-1219

Fax No. (416) 392-4420

(A copy of the Board's Decision and Order referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

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A recorded vote on the recommendations moved by Councillor Moscoe, North York Spadina, was as follows:

FOR:Councillors Mammoliti, Moscoe, Augimeri, Berger, Flint, Gardner, Chong, Filion, Minnan-Wong, King

AGAINST:Councillor Feldman

ABSENT:Councillors Sgro, Li Preti, Shiner

Carried