Public Hearing under Section 300(1)(b) of The Municipal Act

Objections to the Closing and Sale of French Avenue

Ward 16 - Scarborough Highland Creek

 The Scarborough Community Council recommends that Council consider the By-law to close French Avenue.

 The Scarborough Community Council submits the following report (June 3, 1998) from the Director of Planning and Administrative Tribunal Law:

 Purpose:

 Prior to passing the by-law to close French Avenue, in accordance with Section 300(1)(b) of The Municipal Act, Council is required to hear any person who claims that the person's land will be prejudicially affected by the by-law and who applies to be heard.

 Two objections were received with respect to the proposed closing of French Avenue and Council must hear the objectors prior to passing the by-law.

 Funding Sources:

 Not Applicable.

 Recommendations:

 It is recommended that Community Council:

 (1)hear the objections of Patricia and Murari Dayal, 82 Kitchener Road and Paul Kosir, 132 Island Road; and

 (2)recommend that Council consider the by-law to close French Avenue.

  Background:

 Council of the former City of Scarborough directed that the northerly 65 feet of French Avenue between Poplar Road and Kitchener Road be closed. Two objections were received to the proposed closing. In accordance with the provisions of Section 300(1)(b) of the Municipal Act, Council is required to hear the objections prior to passing the by-law to close French Avenue.

 Discussion:

 Council of the former City of Scarborough, at its meeting held on October 15, 1996, directed that the northerly 65 feet of French Avenue between Poplar Road and Kitchener Road be closed. A copy of the Council extract is attached as Schedule "A". The notice of the proposed closing was advertised in accordance with Section 300(1)(a) of The Municipal Act and two objections to the closing were received from Patricia and Murari Dayal of 82 Kitchener Road and Paul Kosir of 132 Island Road, copies attached as Schedules "B" and "C".

 In accordance with the provisions of Section 300(1)(b) of The Municipal Act, Council is required to hear the objections prior to passing the by-law. The objectors have been notified of the date and time of this meeting and if they wish to be heard, they must be provided with an opportunity to do so.

 After hearing the objections, Community Council may recommend that Council pass the by-law to close French Avenue which is attached as Schedule "D" or alternatively, may direct staff to proceed otherwise.

  Conclusions:

 That the objections of Patricia and Murari Dayal and Paul Kosir be heard and that Community Council recommend that Council consider the by-law to close French Avenue.

 Contact Name:

 Anna K. Kinastowski

Director, Planning & Administrative Tribunal Law

Telephone:396-7739

Fax:396-4262

  Ms. Patricia Dayal appeared before the Community Council in connection with the foregoing matter.

   SCHEDULE "D"

 CITY OF TORONTO

Bill No.

BY-LAW NUMBER __________

 being a by-law to stop up, close and sell

Part of French Avenue, Plan 2042

 WHEREAS the Council of the City of Toronto deems it expedient to stop up, close and sell Part of French Avenue registered in the Metropolitan Toronto Registry Division (No. 64);

AND WHEREAS notices of the proposed by-law have been published for four successive weeks in the Mirror, a newspaper published in the City of Toronto;

AND WHEREAS the Council of the said City of Toronto has heard in person or by his counsel, solicitor or agent, all persons whose lands might be prejudicially affected by the passing of this by-law, and who applied to be heard;

THEREFORE THE COUNCIL OF THE CITY OF TORONTO ENACTS AS FOLLOWS:

1.THAT Part of French Avenue on Plan 2042, designated as Parts 1 and 2 on Reference Plan 64R-15377, is hereby stopped up and closed, in accordance with the provisions of The Municipal Act, R.S.O. 1990, Chapter M.45, as amended.

 2.THAT the Clerk is authorized and empowered on behalf of the City of Toronto to execute all necessary documents to give effect hereto and to affix the seal of the City hereto.

  ENACTED AND PASSED this day of , A.D. 1998.

 _______________________________Mayor

 _________________________________

City Clerk