Purpose:

This report seeks direction from Council as to the City Solicitor=s role at pending Ontario Municipal Board hearings on three current minor variance appeals and one consent appeal, as further detailed below.

Recommendations:

It is recommended that:

(1) Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Application A208/97;

(2) Council direct the City Solicitor to attend any Ontario Municipal Board hearing with respect to Minor Variance Application A312/97, in support of the Committee of Adjustment=s decision, and further, that the Board be requested to hear this appeal at the earliest opportunity; and

(3) Council direct the City Solicitor to attend any Ontario Municipal Board hearing with respect to Minor Variance Application A279/97, in support of the Committee of Adjustment=s decision and with respect to Consent Application B61/97, in support of the Commissioner of Planning and Buildings decision.

Comments:

(1) Minor Variance Application A208/97

Lawrence Avenue Group

880 Ellesmere Road

Dorset Park Community

Scarborough Wexford

The owner has appealed the October 8, 1997 decision of the Committee of Adjustment which refused a minor variance to permit a reduced parking requirement for restaurants on this site (as detailed in the attached decision). Approval of the variance would have permitted approximately 192 square metres (2,066 square feet) of additional restaurant space, for a total of 1 200 square metres (13,000 square feet) of restaurant uses on this site, with no increase in the current 196 space on-site parking supply. The appeal does not raise issues of sufficient significance to the Corporation to warrant expenditure of the City=s limited resources on the Board hearing.

(2) Minor Variance Application A312/97

The (former) City of Scarborough

Upton Road

Golden Mile Employment District

Scarborough Bluffs

On December 17, 1997, the Committee of Adjustment approved a minor variance application to recognize building setbacks of an existing structure on the former City of Scarborough Upton Road Works Yard (as detailed in the attached decision). The abutting westerly owner of 40 Upton Road, Paisley Products of Canada Inc., has now appealed that decision. The closest Paisley building is approximately 38 metres (125 feet) away from the subject structure.

Final approval of this variance is one of the last conditions to be met to conclude an agreement of purchase and sale of the subject lands by the City to D.A. Stuart Inc., 43 Upton Road. The sale was authorized by the former Scarborough City Council on November 12, 1996 (reference Clause No. 6 of Report No. 26 of The Administrative Committee), and the agreement was entered into on September 30, 1997. Time is now of the essence and in order to conclude this important transaction, I am recommending that the City Solicitor be directed to attend the Board in support of the Committee=s decision, and further, to request that the Board assign the earliest possible hearing date to this matter.

3. Minor Variance Application A279/97

Consent Application B61/97

John and Bernadette Hughes

24 Parkcrest Drive

Scarborough Village Community

Scarborough Bluffs

The owners have appealed the December 17, 1997 decision of the Committee of Adjustment which refused a minor variance to permit approximately 25 percent reductions in required minimum lot frontage and area (as detailed in the attached decision and staff report) and the December 31, 1997 decision of the Commissioner of Planning and Buildings to refuse a consent application to create two residential lots to enable construction of a new single family dwelling on each. Letters and a petition objecting to the proposal, representing over 100 residents in the area, were also considered by the Committee.

As indicated in the staff opinion, the Committee decision, the staff report and the Commissioner=s decision, approval of these applications would result in uncertainty about similar proposals and erosion in the stability of what is a unique, established, large lot neighbourhood. As the proposal does not meet the intent and purpose of either the Official Plan or Zoning By-law, and would not be desirable for the appropriate development of the land, I am recommending that the City Solicitor attend the Board in support of both the Committee=s decision and the decision of the Commissioner of Planning and Buildings.

Contact Name:

Rod Hines, MCIP, RPP.

Manager, Committee of Adjustment

Phone: 396-7020

Fax: 396-4265

Email: hines@city.scarborough.on.ca

(A copy of the material, referred to in the foregoing report, was forwarded to all Members of Scarborough Community Council with the Agenda for the meeting on February 18, 1998, and a copy thereof is on file in the office of the City Clerk)