Committee of Adjustment Decision - Symphony Square -
15-27 Lorraine Drive - North York Centre
The North York Community Council recommends:
(1) the adoption of the following Resolution by Councillor Filion, North York Centre:
WHEREAS the Committee of Adjustment recently refused a second set of variances requested by the Applicant for
the Symphony Square development currently nearing completion at 15-27 Lorraine Drive following deputations by
ratepayer representatives and both local Councillors; and
WHEREAS the Chief Administrative Officer is presently investigating certain controversial matters directly
related to the requested variances, including the size of the building relative to that permitted by applicable zoning,
at the request of the Mayor and City Council for report thereon to North York Community Council and the
Administration Committee; and
WHEREAS the Applicant has appealed the Committee of Adjustment's decision to the Ontario Municipal Board
for an early hearing date without awaiting the results of said investigation;
THEREFORE BE IT RESOLVED THAT:
(a)the City take a position at the OMB hearing in support of the Committee of Adjustment's decision to refuse the
requested variances;
(b)the City Solicitor be instructed to do all things necessary to defend said decision and assist the Chief
Administrative Officer's staff in achieving an acceptable resolution of this matter, in consultation with the local
Councillors and ratepayer representatives, and report thereon through the Chief Administrative Officer to North
York Community Council and the Administration Committee; and
(c)as part of the investigation mandated by City Council, and in anticipation of the OMB hearing, the Chief
Administrative Officer be requested to expeditiously undertake an independent audit of the Symphony Square
building in order to quantify, floor-by-floor, what has actually been built, recording for each floor the number and
type of units constructed or partially constructed, as well as the gross floor areas of all mechanical spaces, habitable
spaces and exempt spaces, including bicycle storage and recreational areas; correlate the findings thereof with the
density permitted by the zoning by-law, including that purchased from the City, and with the development charges
paid to the City; and, after making said audit available to the City Solicitor for introduction as evidentiary material
at the Board hearing, subsequently report thereon to North York Community Council and the Administration
Committee, making such recommendations as may be warranted; and
(2)That the condominium plan, under File No. UDYC-99-348 - Symphony Square Ltd., not be released for
registration until it has been verified that the project complies with Zoning By-law No. 7625, as amended, and a
joint report from the Director and Deputy Chief Building Official, North District and the Director, Community
Planning, North District, is submitted to the North York Community Council.
The North York Community Council, also reports for the information of Council, having requested the Chief
Administrative Officer to report to North York Community Council on the costs associated with conducting an
independent audit of the Symphony Square building and on the findings of said audit upon its completion.
Recorded Votes:
A recorded vote on Recommendation (1) moved by Councillor Filion, North York Centre, was as follows:
FOR:Councillors Mammoliti, Li Preti, Moscoe, Berger, Flint, Gardner, Chong, Filion, Minnan-Wong, Shiner
AGAINST:NIL
ABSENT:Councillors Sgro, Augimeri, Feldman, King
Carried
A recorded vote on Recommendation (2) moved by Councillor Shiner, Seneca Heights, was as follows:
FOR:Councillors Mammoliti, Li Preti, Moscoe, Berger, Flint, Gardner, Chong, Filion, Minnan-Wong, Shiner
AGAINST:NIL
ABSENT:Councillors Sgro, Augimeri, Feldman, King
Carried
