Item - 2019.SC3.15

Tracking Status

  • City Council adopted this item on February 26, 2019 without amendments and without debate.
  • This item was considered by Scarborough Community Council on February 14, 2019 and was adopted with amendments. It will be considered by City Council on February 26, 2019.

SC3.15 - Appeal to Toronto Local Appeal Body of Committee of Adjustment Applications for 1972 Brimley Road

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
23 - Scarborough North

City Council Decision

City Council on February 26, 2019, adopted the following:

 

1. City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment, Scarborough Panel, to the Toronto Local Appeal Body, in order to oppose the approval of the applicant’s proposed development for 1972 Brimley Road (Applications B0056/18SC, A0321/18SC, and A0322/18SC).

 
2. City Council authorize the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body to oppose the Committee of Adjustment's decision and to retain outside consultants as necessary.

 
3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

Background Information (Community Council)

(February 13, 2019) Letter from Councillor Lai, Ward 23 - Scarborough North, Appeal to Toronto Local Appeal Body of Committee of Adjustment Applications for 1972 Brimley Road
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-126716.pdf

SC3.15 - Appeal to Toronto Local Appeal Body of Committee of Adjustment Applications for 1972 Brimley Road

Decision Type:
ACTION
Status:
Amended
Ward:
23 - Scarborough North

Community Council Recommendations

The Scarborough Community Council recommends that:

 

1. City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment, Scarborough Panel, to the Toronto Local Appeal Body, in order to oppose the approval of the applicant’s proposed development for 1972 Brimley Road (Application No. B0056/18SC, A0321/18SC, and A0322/18SC).

 
2, City Council authorize the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body to oppose the Committee of Adjustment's decision and to retain outside consultants as necessary.

 
3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

Origin

(February 13, 2019) Letter from Councillor Cynthia Lai, Ward 23 - Scarborough North

Summary

On January 30, 2019, the Committee of Adjustment (the "Committee") approved the consent application and its associated minor variance applications regarding the property municipally known as 1972 Brimley Road (the "subject Property"). The applicant sought relief from the City of Toronto Zoning By-law No. 569-2013 to permit the lot to be severed into two new lots each with a frontage of 11.61 metres and an area of 562.62 square metres. The applicant is proposing to demolish the existing house and build two new detached houses.


City Planning staff submitted a report to the Committee of Adjustment to recommend refusal of the consent and variances dated January 30, 2019. The proposed variances are not in keeping with the policies of the Official plan and do not maintain the general intent and purpose of the Zoning By-law. Copies of the Notice of Decision and the Staff Report are attached.


This matter is time sensitive and urgent as the deadline for appealing the decision of the Toronto Local Appeal Body is on February 25, 2019.

Background Information

(February 13, 2019) Letter from Councillor Lai, Ward 23 - Scarborough North, Appeal to Toronto Local Appeal Body of Committee of Adjustment Applications for 1972 Brimley Road
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-126716.pdf

Speakers

Jasbeer Johal

Motions

1 - Motion to Add New Business at Committee moved by Councillor Cynthia Lai (Carried)

2 - Motion to Amend Item moved by Councillor Cynthia Lai (Carried)

Scarborough Community Council recommends that:

 

1. City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment, Scarborough Panel, to the Toronto Local Appeal Body, in order to oppose the approval of the applicant’s proposed development for 1972 Brimley Road (Application No. B0056/18SC, A0321/18SC, and A0322/18SC).

 
2. City Council authorize the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body to oppose the Committee of Adjustment's decision and to retain outside consultants as necessary.

 
3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

Vote (Amend Item) Feb-14-2019

Result: Carried Majority Required
Total members that voted Yes: 6 Members that voted Yes are Paul Ainslie, Gary Crawford, Jim Karygiannis (Chair), Cynthia Lai, Jennifer McKelvie, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are
Source: Toronto City Clerk at www.toronto.ca/council