February 24, 2000
To: Etobicoke Community Council
From: City Solicitor
Subject: Ontario Municipal Board Decision respecting 3725 Lakeshore Blvd. West
Ward 2 (Lakeshore-Queensway)
Purpose:
To report upon the Ontario Municipal Board decision respecting 3725 Lakeshore Blvd. West.
Finance Implications and Impact Statement:
The adoption of this report has no financial implications or impact for the City.
Recommendations:
It is recommended that:
(1) the Executive Director, Urban Development Services, Municipal Licensing & Standards, be requested to inspect 3735
Lakeshore Boulevard West and ensure that the storage and sale of used cars, contrary to zoning by-law, is discontinued.
(2) this report be otherwise received for information.
Background:
Autotek Canada Car Sales and Service (1996) Ltd. ("Autotek") applied to the Committee of Adjustment for permission to
continue to sell used automobiles in conjunction with an existing public garage at 3735 Lakeshore Boulevard West. The
Committee of Adjustment refused the application and Autotek appealed the Committee's decision to the Ontario Municipal
Board (the "OMB").
City Council directed the City Solicitor to oppose Autoteck's appeal at the OMB. As Urban Planning and Development
Services did not support Council's opposition to the used car operation, it was necessary for the City Solicitor to retain an
outside planner to present evidence in opposition to the application.
Comments:
The OMB heard Autoteck's appeal on November 3, 1999 and issued its Decision/Order on November 23, 1999. Autotek
argued that as the zoning by-law permitted used cars to be sold in conjunction with the sale of new cars, it was appropriate
to grant a minor variance to permit used cars to be sold in conjunction with a public garage. However, at the conclusion of
Autotek's evidence, and prior to calling evidence on behalf of the City, counsel for the City asked the OMB to dispense
with the remainder of the hearing and refuse Autotek's application. Counsel made this request as it was evident, based upon
cross-examination of Autotek's witnesses, that there was no longer a public garage operation on the site and that the site
was being used only for the storage and sale of used cars, both on a retail and wholesale basis. The OMB agreed and stated,
The Board finds that it is not appropriate to establish by way of a minor variance application, a use that is prohibited in the
zoning by-law. Such cannot be considered "minor" in the circumstances.
The OMB therefore dismissed Autotek's appeal.
Conclusions:
As the OMB has dismissed Autotek's appeal, it is appropriate for City staff to ensure that Autotek does not continue to
contravene the zoning by-law. Council may therefore wish to request the Executive Director, Urban Development Services,
Municipal Licensing & Standards, to inspect the site and ensure that the storage and sale of used cars is discontinued.
Contact:
Stephen M. Bradley, Solicitor
Telephone: (416) 392-7790
Fax: (416) 397-4420
E-mail: sbradley@toronto.ca
H.W.O. Doyle
City Solicitor
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