STAFF REPORT

January 5, 2000

To: Scarborough Community Council

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

Subject: 780 Ellesmere Road - Ontario Municipal Board Hearing

(Ward 14 - Wexford, Scarborough)

Purpose:

To report on the outcome of the Ontario Municipal Board Hearing held in June of 1999 regarding the above-noted property.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that this report be received for information.

Background:

Toronto City Council, at its meeting held on July 6, 7 and 8, 1999, adopted Clause No. 11 of Report No. 6 of the Scarborough Community Council, and in so doing, directed the City Solicitor to attend before the Ontario Municipal Board ("the Board") in support of a minor variance application to permit a reduced parking standard of 8.2 parking spaces per 100 square metres gross floor area, in lieu of the minimum required 10.7 parking spaces per 100 square metres of gross floor area.

The application before the Board involved a strip mall containing three stores. Midas Mufflers, the appellant, occupies one of the stores. The proposal before the Board would see the other two stores occupied by a restaurant. The two stores to be occupied by the restaurant had been vacant for a number of years.

Comments:

At the Hearing before the Board, beginning on June 9, 1999, the Board heard evidence on the impact and desirability of the proposal, including a parking study submitted by Midas. The City took the position at the hearing that the type of restaurant proposed and the location of the restaurant, fronting on Ellesmere Road and abutting a large residential development, diminished the need for the number of parking spaces required.

The Board, in its Decision issued on October 6, 1999, approved the application, holding that the case involved an issue of economic impact and that the Board "has had an overachieving philosophy for some years of avoiding interference in the marketplace". On the basis of the planning evidence, the Board found that it was desirable that the mall be fully occupied and that the traffic impact of the proposed restaurant would be acceptable.

The Board did, however, impose some conditions, including that the agreement between the applicant and the adjoining Church for the provision of additional parking spaces be legally formalised and that signs be clearly posted indicating the availability and location of off-site parking.

Conclusions:

The Board, in a Decision issued on October 6, 1999, approved the subject application, finding the application to be of a minor nature.

Contact:

Marc Kemerer, Solicitor

Telephone: (416) 392-1228

Fax: (416) 397-4420

E-mail: mkemerer@toronto.ca

H.W.O. Doyle

City Solicitor

Legal Services