STAFF REPORT

January 31, 2000

To: East York Community Council

From: Dr. Sheela V. Basrur, Medical Officer of Health

Subject: Appeal Decision - Committee of Adjustment, File #A00EY011

Purpose:

To seek City Council authority for action taken by the Medical Officer of Health to appeal the Committee of Adjustment's decision dated January 11, 2000 respecting 4 Kenrae Road, File #A00EY011.

Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

(1) City Council confirm actions taken to appeal the decision of the East York Committee of Adjustment respecting 4 Kenrae Road insofar as it applies to the conditions in the decision restricting the number of dogs to ten; and

(2) the City Solicitor be directed to attend at the Ontario Municipal Board hearing of this appeal to limit the number of dogs to three, in accordance with By-law 28-1999, at the property 4 Kenrae Road.

Background:

At its meeting of January 11, 2000, the Committee of Adjustment for the former Borough of East York considered a variance application at 4 Kenrae Road to operate a daycare service for dogs on the residential property. Zoning By-law #1916 as amended does not permit a dog daycare service on the property. In a decision dated January 11, 2000 (see Attachment 1), the Committee permitted the use subject to a number of conditions. Condition F of their decision restricts the number of dogs to ten for a one-year period from which their decision becomes final and binding. However, this decision conflicts with Section 17 of City of Toronto By-law 28-1999 ("A by-law respecting animals"), which limits the number of dogs in and about any dwelling units to three.

Comments:

The Animal By-law is one of the City's harmonized by-laws and applies across the amalgamated City of Toronto. It was the subject of extensive deputations and debate at public meetings held by each local community council and the Board of Health. In its lengthy debate of the by-law in February 1999, City Council gave explicit consideration to the issue of restrictions on the keeping of animals, as permitted under the Municipal Act.

Under Section 17 of the Animal By-law, "No person shall keep more than three (3) dogs in and about any dwelling unit within the City, except that any person who, on the date of the passage of this by-law was lawfully keeping more than three (3) dogs, may keep those dogs until they have died or are otherwise disposed of." By-law 28-1999 came into force on July 1, 1999.

An appeal of the Committee of Adjustment's decision was filed on behalf of Toronto Animal Services with the Ontario Municipal Board prior to the submission deadline of January 31, 2000. City Council is requested to confirm the actions taken and direct the City Solicitor to appear at the hearing of this matter to limit the number of dogs to three at this dog daycare service, in accordance with the City of Toronto By-law 28-1999.

Conclusion:

It is recommended that City Council confirm the appeal of the decision of the East York Committee of Adjustment dated January 11, 2000 with respect to 4 Kenrae Road and direct the City Solicitor to appear at the hearing.

Contact:

Dr. Sheela Basrur, Medical Officer of Health Eletta Purdy, Manager - Animal Services

Toronto Public Health Toronto Public Health

Tel: 392-7402 Tel: 394-8109

Fax: 392-0713 Fax: 394-8682

Dr. Sheela V. Basrur

Medical Officer of Health

Attachment 1 - Committee of Adjustment decision