June 25, 1998
To:Corporate Services Committee
From:Commissioner of Corporate Services
Subject:Proposed Land Closing and Surplus Property Declaration
Unnamed Lane extending north from Esquire Road, Plan 4490
(Ward 14 - Scarborough Wexford)
Purpose:
This report recommends that an unimproved lane separating a retail plaza on Victoria Park
Avenue from the adjoining residential properties be closed and declared surplus to the needs
of the City.
Funding Sources, Financial Implications and Impact Statement:
Not applicable at this time but future sale of these lands will provide revenue to the City.
Recommendations:
It is recommended that:
(1)City Council direct staff to initiate road closing procedures with respect to the unnamed
lane extending north from Esquire Road as shown on the attached sketch;
(2)City Council declare the lane to be surplus to the needs of the City;
(3)the Commissioner of Corporate Services be directed to give notice to the public of the
lands declared surplus; and
(4)the appropriate City Officials be authorized and directed to take the necessary action to
give effect thereto.
Council Reference/Background/History:
The City is the owner of an unimproved nine metre wide lane which extends north from
Esquire Road at a point approximately 50m east of Victoria Park Avenue. The lane
separates the commercial property located at 2563 Victoria Park Avenue from the side of a
house on Esquire Road, and the rear of two houses which front onto Esquire Circle.
In 1997, the City of Scarborough was approached by Morguard Properties Limited,
representing the owner of 2563 Victoria Park, to purchase all or part of the lane. Morguard
indicated that they wished to acquire the lane in order to widen the existing service laneway
and to provide additional parking. Other than a request by Bell Canada for an easement to
protect their existing pole line, no City Departments or outside agencies indicated a need for
the City to retain the lane.
The Municipal Act, requires a municipality, when proposing to dispose of a road or lane, to
first close the road through the process described in the Act.
Comments and/or Discussion and/or Justification:
The lane is designated "Residential Uses" in the Official Plan. The zoning is S - Single
Family Residential, with one house permitted per lot on a Registered Plan. The
neighbouring properties are situated on lots with frontages much larger than the subject
property, and Planning Staff have advised that they would not recommend approval of a
variance to permit construction of a single-family house on a thirty foot wide property.
The abutting residential owners have previously expressed concerns respecting the sale of
all or a portion of the lane to the owner 2563 Victoria Park Avenue. The concerns are with
respect to litter, noise, and pollution which emanate from the existing service lane at the rear
of the plaza. Accordingly, it is in order for the staff to discuss, in consultation with the Ward
Councillors', with the owner of 2563 Victoria Park Avenue and the owners of the 3 abutting
residential properties the potential sale of the property and the most effective way to
mitigate the residents' concerns and report back thereon to the Corporate Services
Committee. It is noted that concerns of this nature can also be dealt with through site plan
control agreements. If the owners of the plaza were to acquire any part of the lane and
proceed to construct additional parking, they would be required to seek an Official Plan
amendment and re-zone the property as well as enter into a site plan agreement with the
City.
Conclusions:
The lane is not required for municipal purposes, and presents an opportunity to dispose of an
unneeded municipal asset, while dealing with the concerns of the abutting owners. Staff will
report back on the appropriate disposal of the lane after the discussions with the Ward
Councillors and the abutting owners have been completed.
Contact Name:
R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416) 396-4241
rmayr@city.scarborough.on.ca (cs98104.wpd)
Margaret Rodrigues
Commissioner, Corporate Services