October 13, 1999

To: Planning and Transportation Committee

From: City Clerk (Scarborough Community Council)

Subject: Organizational Structure for the New Committee of Adjustment

Recommendation:

The Scarborough Community Council recommends that:

(1) the composition of the East District Panel be 6 members, composed as follows:

- 2 from East York; and

- 4 from Scarborough;

with a review of the East District Panel composition to take place during the first year of the next term of Council;

(2) the City Solicitor be requested to report to Planning and Transportation Committee on the appeal process timelines, taking into consideration the new composition of the Committee of Adjustment; and

(3) the City Solicitor and the Acting Commissioner of Urban Planning and Development Services be requested to report to Planning and Transportation Committee on a procedure for requesting the Province to enact special legislation to exempt the City of Toronto from the appeal process respecting Committee of Adjustment decisions.

The Community Council further advises Planning and Transportation Committee that it does not support the following Recommendations contained in the report of the Acting Commissioner of Urban Planning and Development Services:

(a) Recommendation No. (2) (iv): Aeach Hearing be conducted by three of the respective District Panel members, the sitting members to be assigned on a rotational basis;@ as it applies to the East District Panel; and

- 2 -

(b) Recommendation No. (2) (v): Aeach Committee Hearing be held during regular business hours.@

Recorded Votes:

Upon the question of the adoption of Community Council Recommendation No. (1):

Yeas: Councillors Ashton, Balkissoon, Cho, Duguid, Kelly, Mahood -6

Nays: Councillors Altobello, Berardinetti, Moeser, Shaw, Tzekas -5

Upon the question of the adoption of Community Council Recommendation No. (3):

Yeas: Councillors Altobello, Balkissoon, Duguid, Mahood, Moeser, Tzekas -6

Nays: Councillors Ashton, Berardinetti, Kelly, Shaw -4

Background:

The Scarborough Community Council, at its meeting on October 12, 1999, had before it:

(1) a communication (September 14, 1999) from the City Clerk (Planning and Transportation Committee) referring Recommendations Nos. (2) to (6) in the report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services respecting the Organizational Structure for the New Committee of Adjustment, and motions by Councillors McConnell and Berger related thereto, and requesting that Community Council forward its comments thereon to the Planning and Transportation Committee meeting scheduled to be held on November 1, 1999; and

(2) a report (September 24, 1999) from the Acting Commissioner of Urban Planning and Development Services providing further information respecting this issue, as requested by the Planning and Transportation Committee at its meeting held on September 13, 1999.

Mr. James Henderson, a Member of the Scarborough Committee of Adjustment, appeared before the Community Council in connection with the foregoing matter.

The Community Council also received written submissions from Mr. Henderson, and Mr. Clancy Delbarre, President, Highland Creek Community Association, a copy of which is appended hereto for the information of Planning and Transportation Committee.

City Clerk.

Margaret O'Neil

Copy to: James Ridge, Acting Commissioner, Urban Planning & Development Services

Ted Tyndorf, Director, Community Planning, East District

Denise Rundle, Manager, Committee of Adjustment, East District

Atts.