Park Drive Ravine - Ontario Municipal Board Decision

(Midtown)

The Toronto Community Council recommends that City Council receive this matter for information.

The above recommendation was carried unanimously as follows:

Yeas: Councillors Rae, Adams, Bossons, Bussin, Chow, Johnston, Korwin-Kuczynski, Layton, McConnell, Miller, Walker, - 11

The Toronto Community Council submits the following report (March 3, 1998) from the Toronto Community Council Solicitor:

Purpose:

Summary of Ontario Municipal Board Decision dismissing two appeals to Zoning By-law No. 1997-0369.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

That this report be received for information.

Council Reference/Background/History:

Council of the former City of Toronto on July 14, 1997 enacted By-law No. 1997-0369 which prohibited development within Park Drive Ravine and within 10 metres of the top of slope of Park Drive Ravine. The two appeals to such by-law respecting properties at No. 119R Glen Road and No. 15 Beaumont Road were dismissed by the Ontario Municipal Board in a decision issued December 16, 1997.

Comments and/or Discussion and/or Justification:

The City Solicitor and outside planning consultants and a biologist retained by the City attended at the Ontario Municipal Board for a three week hearing commencing October 14, 1997 of the two appeals to Zoning By-law No. 1997-0369.

Of the approximately 170 properties affected by By-law No. 1997-0369, 4 were vacant lots and the appellants owned two of these lots. Redevelopment was proposed within the ravine portion of such lots and the Ontario Municipal Board was not convinced that relief was warranted. The decision of the Ontario Municipal Board issued December 16, 1997, which is 32 pages in length, has been filed, under separate cover, with the City Clerk.

The owners of four properties adjacent to No. 119R Glen Road retained counsel to support the City's by-law and opposed both appeals.

Both appellants have filed motions seeking leave to judicially appeal the Ontario Municipal Board decision and no date has been set to hear these. Both have also requested that the Ontario Municipal Board grant a review of its decision under Section 43 of the Ontario Municipal Board Act. The Ontario Municipal Board has responded to the appellants that it is holding in abeyance the requests for a motion seeking review pending the outcome of the motion seeking leave to judicially appeal, and if granted, the outcome of the appeals.

Conclusions:

The Ontario Municipal Board has dismissed the two appeals to Zoning By-law No. 1997-0369. I will continue to support the City's by-law and oppose any judicial appeals or any requested reviews before the Ontario Municipal Board of its decision.

Contact Name:

William Hawryliw, Solicitor

Telephone: (416) 392-7237

Fax: (416) 392-0024

E-Mail: whawryli@city.toronto.on.ca

The Toronto Community Council reports for the information of Council, having also had before it during consideration of the foregoing matter, the following Ontario Municipal Board Decision (December 16, 1997) which is being forward to Council under separate cover.

The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

- Ms. R. Vera Dickinson, Toronto, Ontario;

- Ms. Gayle Christie, obo Ms. Vera Dickinson, Toronto, Ontario;

- Mr. J. J. McQuaid, Weir & Foulds, Toronto, Ontario;

- Mr. Bruce Fountain, Acting Chairman of Binscarth Road Beaumont Ravine Stewardship, Toronto, Ontario;

- Mr. C. S. Fox-Revett, Toronto, Ontario;

- Mr. Dalton C. Shipway, Chair, Watersheds United, Toronto, Ontario;

- Mr. Gregory Daly, Senior Planner, Weir & Foulds, Toronto, Ontario;

The Toronto Community Council reports for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, copies of which are on file in the office of the City Clerk:

- (March 31, 1998) from Mr. Michael J. McQuaid

- (April 1, 1998) from Mr. Brad Teichman

- (May 25, 1998) from Ms. Susan Brenninkmeyer

- (May 26, 1998) from Mr. Phillip Frigla

- (May 26, 1998) from Mr. Larry D. Clarke

- (May 26, 1998) from Mr. Peter Warren

- (May 25, 1998) from Mr. Alexander K. Stuart

- (May 25, 1998) from Mr. John T. Bank

- (May 25, 1998) from Ms. Shirley Hawkins

- (May 25, 1998) from M.P. Fischer

- (May 26, 1998) from Ms. Janice O'Burn

- (May 26, 1998) from Ms. Heather Brodeur

- (May 26, 1998) from Mr. Gregor G. Beck

- (May 26, 1998) from Mr. John and Mrs. Nancy McFadyen

- (May 26, 1998) from Geri Clever

- (May 26, 1998) from Ms. Penny Pepperell

- (May 25, 1998) from Mr. John Wilson

- (May 27, 1998) from Ms. Annabelle Heintzman

- (undated) from Ms. Gayle Christie

- (May 25, 1998) from Mr. David Vallance

- (May 27, 1998) from Mr. Michael J. McQuaid, Weir & Foulds