September 7, 1999

To: North York Community Council

From: H.W.O. Doyle

Subject: 27 Marshylynn Avenue (North York Humber)

Ontario Municipal Board- Rezoning Application

Purpose:

Information purposes only

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

That this report be received for information.

Council Reference/Background/History:

Toronto City Council at its meeting held on June 9, 1999 adopted Clause 21 contained in North York Community Council Report No. 5 headed "Referral of Application for Zoning By-law Amendment, Rita Malcolm - 27 Marshylynn Avenue - North York Humber". In so doing Council instructed the City Solicitor to appear before the Ontario Municipal Board ("the Board") and to retain an outside planner to defend the position of City Council before the Board.

The applicant required a rezoning to legitimize the use of her home, located in a residential neighbourhood, as a beauty salon. The proposed rezoning, opposed by Council, would permit a commercial use in an R4 District.

Comments and/or Discussion and/or Justification:

At the hearing before the Board, the Board approved a modified application, acceptable to all of the parties, the terms of which permit a short term rezoning; limit the use to a beauty salon with a maximum of two employees and prohibit exterior signage. The site specific by-law will expire within two years of the Board's Order or, at the latest, October 15, 2001.

The Board's Order will not issue until the Board receives a revised by-law satisfactory to the City and the applicant.

Conclusions:

The Board approved the subject application subject to the terms of the settlement, noting that it was pleased the neighbourhood could find a local solution to the issue.

Contact Name: Marc Kemerer

Solicitor, Planning and Administrative Tribunal Law

Telephone: (416) 392-1228

Fax: (416) 397-4420

H.W.O. Doyle

City Solicitor

Legal Services