47 Crockford Boulevard - Ontario Municipal Board Hearing

Ward 14 - Scarborough Wexford

The Scarborough Community Council recommends the adoption of the following report (October 7, 1999) from the City Solicitor:

Purpose:

To advise that the City did not received notice of the hearing of this matter from the Ontario Municipal Board. As the hearing took place in September, authorization of the City Solicitor's actions to request the Board to rehear this matter is required.

Funding Sources, Financial Implications and Impact Statement:

There are no funding implications.

Recommendations:

It is recommended that City Council confirm the City Solicitor's actions to request the Ontario Municipal Board to rehear this matter.

Council Reference/Background/History:

Council, at its meeting held on July 27, 28 and 29, 1999 adopted the recommendations of the Director of Community Planning, East District, that the City Solicitor attend at the Ontario Municipal Board in support of the Committee of Adjustment's refusal of an application to permit a portion of the existing building to be used as a vehicle repair garage for the use of servicing dealers' vehicles only, whereas the Zoning By-law permits "General Industrial Uses" (MG) and does not include vehicle repair garages as a permitted use.

It was brought to staff's attention on October 6, 1999 that the hearing with respect to this matter was held by the Board on September 10, 1999 and in a verbal decision, the Board allowed the appeal. A written order is expected shortly. Neither the City Clerk, the City Solicitor nor the Deputy Secretary-Treasurer of the Committee of Adjustment received the Appointment for Hearing. As a result, staff did not attend at the hearing pursuant to Council's direction.

The City Solicitor is taking the necessary action to request the Board to rehear the matter due to the lack of notice.

Conclusions:

It would be appropriate to confirm the City Solicitor's actions to have this matter reheard by the Ontario Municipal Board so that staff can appear in support of Council's position with respect to this matter.

Contact Name:

Anna Kinastowski

Director of Planning & Development Law

tel: 416-392-0080

fax: 416-397-4420