OMB Decision — 61 OverleaBoulevard –drive-throughs

September 11, 2012

in Correspondence

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The OMB’s decision following a seven day OMB hearing in January, involving an appeal by Imperial Oil of the City of Toronto’s decision to turn down a proposed drive-through at 61 Overlea Boulevard, was released August 17. This site, located next door to the East York Town Centre, is currently a lube service and gas station, and the owner (Imperial Oil) proposed to convert it to a convenience store/restaurant/gas bar. The issue was only the drive-through; the zoning bylaw allowed the restaurant and convenience store but not the drive through. The location is within 120 metres of the largest public school in North America with 1700 students and 150 teachers and a new all kindergarten school which is currently under construction. At the OMB hearing, Kevin Battaglia, the school principal noted that the new convenience store/restaurant would be a much bigger attraction for kids (read snacks) and teachers (read coffee) than a lube service station, yet the appellant had no measure of the increase in pedestrian traffic that would result from the change of land use!

Good news!! The Board rejected the appeal by Imperial Oil of the City’s bylaw – they decided that there could not be a drive through located at this site. This decision upholds the city’s bylaws and its drive through guidelines. The Board recognized that the city wants (and needs) to make Thorncliffe Park more urban (less suburban) and the drive through just does not fit.

The case number is PL110730 and the decision may be found at http://www.omb.gov.on.ca/english/eDecisions/eDecisions.html

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