June 26, 1998

 To:Corporate Services Committee

 From:Commissioner of Corporate Services

 Subject:Proposed Limiting Distance Agreement

adjacent to 755 O'Connor Drive, East York

(Ward 1 - East York)

 Purpose:

 This report recommends that the City enter into a Limiting Distance Agreement to permit the owners of 755 O'Connor Drive to construct a house with a greater proportion of windows than is usually permitted. This agreement will prohibit the City from constructing on a part of a City-owned ravine.

 Funding Sources, Financial Implications and Impact Statement:

 If approved, an administration fee of $600.00 will be received.

 Recommendations:

 It is recommended that:

 (1)the City enter into a Limiting Distance Agreement with the owners of 755 O'Connor Drive which will prohibit the City from constructing any buildings on approximately the easternmost two metres of the City-owned ravine abutting the vacant lot west of 755 O'Connor Drive, subject to the owners paying an Administration fee of $600.00; and

 (2)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

 Council Reference/Background/History:

 The owners of 755 O'Connor Drive, own an abutting vacant lot, to the west. They are proposing to construct a new home on the lot. Immediately to the west of the vacant lot is a City-owned ravine.

To take advantage of the view of the ravine, the owners wish to construct the house with large windows on the west wall. However, the Ontario Building Code regulates the size of "unprotected openings" such as windows and doors, in relation to their distance from the property line. This is to prevent fires spreading between buildings through windows and doors.

 It is very unlikely that a steep-sloped ravine such as the one adjacent to the vacant lot will ever be built upon, and so the protections provided by the Building Code will not be required. In such situations, the Building Code permits an increased proportion of "unprotected openings", provided that the owner of the abutting property is willing to ensure, through a "limiting distance agreement" that no buildings will be constructed upon it.

 Comments and/or Discussion and/or Justification:

 The usual City Departments and outside agencies have been contacted. While thus far no objections to the proposed limiting distance agreement have been received, not all agencies have responded. In order not to delay the owners from obtaining their building permit until after Council's summer recess, approval of the limiting distance agreement is recommended, provided that no objections are received.

 The owner has not yet completed plans for the proposed house, and therefore neither the area of "unprotected openings" nor the exact area to be covered by the limiting distance agreement, is known. It is anticipated, however, that the limiting distance agreement would apply to approximately the easternmost two metres of that part of the City property which abuts the building to be constructed on the adjacent lot.

 Conclusions:

 The proposed limiting distance agreement will have no impact upon the City-owned ravine, and approval of the Limiting Distance Agreement is recommended.

 Contact Name:

 R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416) 396-4241

rmayr@city.scarborough.on.ca (cs98120.wpd)

 Margaret Rodrigues

Commissioner, Corporate Services