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