The Etobicoke Community Council recommends that the City Solicitor and appropriate staff be authorized to attend the Ontario Municipal Board hearing on March 12, 1998, in support of the former City of Etobicoke decision to refuse an application for Official Plan Amendment and rezoning for the development of a Tim Horton=s/Wendy=s restaurant at the north-west corner of Dundas Street West and Aukland Road.

Recommendation:

That instruction be provided the City Solicitor and staff concerning attendance before Ontario Municipal Board Hearing scheduled for March 12, 1998.

Background:

In 1997, Council for the former City of Etobicoke refused an application for Official Plan Amendment and rezoning required for the development of a Tim Horton=s/Wendy=s restaurant at the north west corner of Dundas Street and Aukland Road. The lands in question are owned by Ontario Hydro and form part of a utility corridor. Pursuant to the application it is proposed that the site be developed by Timwen Partnership and operated under lease with Hydro.

The application was supported by municipal planning staff but opposed by local residents.

Following the Council decision to refuse the application the owner and developer appealed the matter to the Municipal Board. A site plan application for the project has also been referred to the Board for hearing.

We have been notified that the hearing of this matter will be convened on March 12, 1998.

We are writing to request your instructions concerning attendance by the solicitor at this hearing.

_____

The Etobicoke Community Council reports, for the information of Council, having received the following communications in support of the attendance of the City Solicitor and staff at an Ontario Municipal Board hearing on March 12, 1998, regarding an appeal of a decision by the former City of Etobicoke to refuse an application for Official Plan Amendment and rezoning for the development of a Tim Horton=s/Wendy=s restaurant at the north-west corner of Dundas Street West and Aukland Road: