STAFF REPORT

December 17, 1999

To: Scarborough Community Council

From: H.W.O. Doyle, City Solicitor

Subject: Midov Developments Limited

325 Morrish Road

OMB Zoning Appeal

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board hearing held with respect to 325 Morrish Road.

Financial Implications and Impact Statement:

Not applicable.

Recommendations:

That this report be received for information.

Background:

The Owner made application to the City for consent to sever a residential lot with a 27 metre frontage into two lots, and for a number of variances from By-law 10827 which arose as a result of the severance.

The Committee of Adjustment, City of Toronto authorized the application for the minor variances as it applied to the subject property but made it conditional on the applicant receiving an approved consent to convey. The Owner appealed the City's failure to make a decision on the consent to convey application.

At its meeting held on May 11, 12 and 13, 1999, City Council directed the City Solicitor to appeal the authorized minor variance application to the Ontario Municipal Board and retain outside professional staff as deemed necessary.

Legal staff and an outside planner attended the Ontario Municipal Board hearing held on September 13 and November 12, 1999.

By its Oral Decision and Order issued December 1, 1999, the Board found that along Morrish Road and other streets in the neighbourhood there were lots with frontages and areas less than that required by the prevailing zoning by-law. On the basis of the evidence adduced the Board found that the character of the Highland Community was not impaired by the applications before it.

As a result, the Board found that the consent to convey application conformed to Section 51(24) of the Planning Act and that the application for minor variance met the tests mandated in Section 45(1) of the same Act, and allowed the owner's appeal and dismissed the City's appeal.

Conclusions:

That this report be received for information.

Contact:

Irvin M. Shachter

Solicitor

Planning and Administrative Tribunal Law

tel: 416-392-1219

fax: 416-397-4420

H.W.O. Doyle

City Solicitor

Legal Services

List of Attachments: None

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