Appeal to Ontario Municipal Board - Nazeer S. Bishay

22 Kingsview Boulevard - File No. Z-2252

(Kingsway-Humber)

The Etobicoke Community Council recommends the adoption of the following report (May18,1999) from the City Clerk:

Purpose:

To seek authorization for legal and staff representation at an Ontario Municipal Board hearing with respect to an appeal by Nazeer S. Bishay of City Council's refusal to deal with a site specific by-law.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that the firm of Reble, Ritchie, Green & Ketcheson and appropriate staff be authorized to attend an Ontario Municipal Board hearing on June 14, 1999, in defense of the City's refusal of an application for a site specific amendment to the Second Density Residential (R2) zoning to legalize a two-storey, single detached residential dwelling at 22 Kingsview Boulevard.

Background

At its meeting held on June 3, 4 and 5, 1998, City Council adopted Clause No. 2 contained in Report No. 6 of the Etobicoke Community Council, thereby refusing an application for a site specific proposal to amend the Second Density Residential (R2) zoning to legalize a two-storey, single detached residential dwelling with a rear yard setback of 22.24 m (73.0 ft), a coverage of 33.6percent, and a building height of 10.27 m (33.7 ft), at 22 Kingsview Boulevard, in accordance with a report (May27,1998) from the Commissioner of Urban Development, Etobicoke District.

Clause No. 2 further recommends:

(a)resolution of outstanding issues as soon as possible; and

(b)recovery of all costs incurred by the municipality, including staff and legal time, in association with the resolution of these issues:

As noted in the foregoing report, the property has a long and complex history involving numerous applications before the City, hearings before the Ontario Municipal Board, and legal matters before the Courts.

It is therefore recommended that legal and staff representation be made at the Ontario Municipal Board to uphold the City's position.

Contact Name:

Mrs. Molly Sutherland

Committee Administrator

(416) 394-8078

A motion to adopt the foregoing recommendation carried on the following recorded vote:

Yeas:E. Brown, M. Giansante, D. Holyday, I. Jones, B. Kinahan, G. Lindsay Luby, D.O'Brien, - 7

Nays:B. Sinclair - 1