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February 12, 1998
To: Corporate Services Committee
From: Commissioner of Corporate Services
Subject: Lane Closing and Surplus Property Declaration
- Lane Adjacent to 117 Harewood Avenue
(Scarborough Bluffs - Ward 13)
Purpose:
The redevelopment of a property at 2890 Kingston Road has presented an opportunity to close and dispose of an unnamed lane. Authority is sought for the closing of the lane.
Funding:
Not required
Recommendations:
It is recommended that:
(1) road closing procedures be initiated to close the portion of the lane, extending east of Harewood Avenue, as shown on the attached sketch;
(2) Council declare the laneway as shown, surplus and that the City intends to sell the lands;
(3) public notice of the proposed sale be given by including a notation to that affect with the advertising of the road closing;
(4) staff be directed to report back to Council on the offering of the lane to the abutting owners immediately after the lane is closed; and
(5) appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.
Background:
In 1995, City of Scarborough Council directed the Director of Real Estate to investigate the possibility of closing a laneway which extended east from Harewood Avenue, just north of Kingston Road, in the McCowan Road/Kingston Road area. The instructions to the Director of Real Estate emanated from a rezoning application in which one of the abutting owners sought approval to construct a denture clinic. The clinic is currently under construction at 2890 Kingston Road, and the owner has indicated an interest in purchasing the laneway.
The lane is 4.5m (15 feet) wide from Harewood Road easterly for a distance of approximately 22.8m (75 feet). It then widens to a width of 15m (50 feet). There is no indication that this lane was ever maintained by the City.
As noted on the attached attached (Schedule AA@), a small portion of the lane close to Harewood Avenue must remain open to serve as an access for the owner of 2886 Kingston Road. However, the remainder is surplus to the operational needs of the City.
The zoning of the lane is S-Single Family, with development standards permitting one house per lot with a minimum frontage of 12m (39.4 feet) and a minimum lot area of 464m2. . The Official Plan Designation is Low Density Residential.
To the north of the lane is an approximately 50 year old single family residence; to the south is a commercial property recently redeveloped as a denture clinic; to the east a funeral home. The owner of the single family residence has encroached upon a significant portion of the lane for many years, quite possibly since the house was constructed.
There are dozens of lanes throughout this area of Scarborough which have never been improved as public thoroughfares, and which have been occupied by the abutting owners for decades. In many cases substantial improvements, such as large sheds and garages, have been constructed on the lanes. To deal with the issue, the City of Scarborough evolved a policy whereby owners of residential property could purchase lanes which added no frontage to their properties for a nominal sum, provided they were responsible for the necessary survey costs. Owners of properties where their frontage was to be increased, or non-residential property owners, were required to pay market value.
Comments:
Preliminary discussions have been held with the owners of the three abutting properties, who have generally agreed that they have no objection to the closing and sale of the lane in accordance with the City=s policy. The owner of 2888 Kingston Road indicated no objections to the proposal, provided the lane remains open to the east limit of his property.
The Municipal Act requires the lane be closed as a public highway prior to sale. Advertisements in local newspapers are required as part of the road closing process.
The former City of Scarborough Real Estate Disposal Procedure By-law requires the City, when proposing to dispose of a parcel of land:
a) To publicly declare the property to be surplus;
b) To provide notice to the public of the proposed sale in a manner determined by Council;
c) To obtain at least one written appraisal of the fair market value before entering into an agreement of Purchase and Sale;
d) If the recommended method of disposal is by Public Auction or Public Tender, the conditions of sale and the reserve amount, if applicable, are to be set out in the by-law declaring the property surplus.
As newspaper advertisements will be required as part of the road closing process, the public notice requirements can be met by including a notation to that effect in the road closing advertisements. Another report recommending the lane be offered to the abutting owners in accordance with the Municipal Act and City policy will follow as soon as the road closing process is completed.
Conclusions:
The abutting owners are in agreement with proposed closing and sale of the lane which will assist in the orderly redevelopment of the property at 2890 Kingston Road for commercial purposes, thereby increasing the City=s tax base.
Contact Name:
R. Mayr, AACI, Telephone: (416) 396-4930 Fax: (416) 396-4241 mayr@city.scarborough.on.ca (cs98019.wpd)
Margaret Rodrigues
Commissioner, Corporate Services
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