ONTARIO MUNICIPAL BOARD DECISION CONCERNING
LEXINGTON GREEN HOMES DEVELOPMENT APPLICATIONS
FOR LANDS AT REAR OF 1945 LAWRENCE AVENUE WEST
LOCATED IN THE FORMER CITY OF YORK
Ward 27, York Humber
(A) City Solicitor
(December 8, 1999)
For information purposes only.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
It is recommended that this report be received for information.
Lexington Green Homes Inc. submitted applications on its behalf to amend the applicable City's Official Plan and Zoning
By-law to redesignate land at the rear of 1945 Lawrence Avenue West from an employment designation and use to allow
for 12 pairs of semi-detached hames and a nun's work/live residence. When the applications were not approved within the
statutory time frame of the Planning Act, the owner appealed its applications to the Ontario Municipal Board.
City staff continued to process and to comment on the development applications. In its meeting of September 28, and 29,
1999 City Council considered and approved the planning report submitted by the Director, Community Planning, West
District and found that the proposal was an appropriate use of the land. Council proceeded to enact by-laws to adopt and
Official Plan amendment and to re-zone the lands through zoning by-law no. 654-1999.
The owner appealed the zoning by-law to the Board to allow for all related matters and applications to be brought together
and considered at the Board. The Board, on hearing planning evidence, and the submissions of legal counsel, made a minor
change in the performance standards of the zoning by-law relating to the set-back between the garages and the public lane,
and the parking standards of the zoning by-law relating for the unique nun's live/work residence. As Council had adopted
an Official Plan redesignating the land to allow the proposal, the owner withdrew its Official Plan appeal. The Board in its
decision confirms the withdrawal of the OP appeal and allows the appeal of the zoning by-law to the extent necessary to
amend certain specific performance standards above outlined, and issued order approving the zoning by-law so amended.
Accordingly, the development now has the planning approvals required to proceed.
(B) General Counsel and Acting Secretary of the Ontario Municipal Board
December 6, 1999
I am writing to advise that the appeal by Lexington Green Homes Inc. was withdrawn on November 16, 1999 at the
Ontario Municipal Board hearing.
Subsection 22(12) of the Planning Act provides thatů.
If all appeals under clause (7) (a), (b), (c), or (d) are dismissed by the Municipal Board without holding a hearing or are
withdrawn, the Secretary of the Board shall notify the Council or the planning board and the Council or the planning Board
may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be.
The Board's file is now closed.
Gillian Burton, General Counsel
And Acting Secretary
Copy to: Lexington Green Homes
Gary A. McKay, Solicitor for the City of Toronto
Bryan Tuckey, Provincial Planning & Environmental Services