Etobicoke Civic Centre
399 The West Mall
Etobicoke, Ontario
Canada M9C 2Y2
Corporate Services
Facilities & Real Estate
October 28, 1998
To:Chair and Members, Etobicoke Community Council
From:Francois (Frank) G. Bedard, Manager, Realty Services, Etobicoke-York Districts
Subject:Declaration as Surplus--Closed Laneway North of Bloor Street West Between Kings
Lynn Road and Kingsmill Road
(Ward 3--Kingsway Humber)
Purpose:
To respond to concerns raised by local area residents regarding the proposed sale of a former
public laneway.
Financial Implications:
One-time revenue would have been generated from the proposed sale. However, renewal of
the existing lease will provide some ongoing rental revenue.
Recommendations:
It is recommended that:
(1)the property described as Parts 4 and 5 on Plan 64R-11289, formerly in the City of
Etobicoke, now City of Toronto, being the remainder of the closed laneway north of Bloor
Street West between Kings Lynn Road and Kingsmill Road, comprising an area of
approximately 464 m2 (4,994 sq. ft.), not be sold;
(2)the opposition to the proposed sale by the residential property owners in the area be noted
for future reference;
(3)steps be taken to renew the lease of the former laneway to the abutting owners for parking
for a term of ten (10) years at a rent to be negotiated by the City's Realty Services staff; and
(4)the appropriate City officials be authorized and directed to take the necessary action to
give effect thereto.
Background:
On June 19, 1984, Metropolitan Council adopted Executive Committee Report No. 17, Item
No. 38, authorizing the sale of Block W-28--west side Kingsmill Road to east side Kings
Lynn Road to Bloorhill Properties Limited (who were also acting for Lorne Reynolds
Holdings Limited regarding their interest).
According to that report, "negotiations were conducted with the owners involved and as a
result, an acceptable offer has been received from Bloorhill Holdings Limited, owners of Nos.
2842, 2844 and 2846 Bloor Street West, who are also acting on behalf of Lorne Reynolds
Holdings Limited, owners of No. 2848 Bloor Street West, for the purchase of the
Metropolitan-owned lands" under certain conditions, including "the retention by the
Metropolitan Corporation of a permanent sub-surface easement."
A copy of the above-referenced Metropolitan Toronto report is attached.
Pursuant to By-law 1985-264, The Corporation of the City of Etobicoke adopted changes to
the Zoning Code to allow parking of automobiles on the land at the rear of 2842, 2844, 2846,
and 2848 Bloor Street West in conjunction with the adjacent residential and commercial uses,
subject to certain conditions. That by-law also permitted the development of a single family
dwelling at 9 Kings Lynn Road on the lot that was severed by Bloorhill Properties from the
land they purchased from Metro.
Please refer to the attached copy of By-law 1985-264.
A landscaping and parking plan was approved and implemented at the expense of the owners
of the Bloor Street properties. See the plan attached hereto.
Subsequently, City of Etobicoke Council enacted By-law 1986-221 to stop up and close
portions of the lane shown on Plan 2314, and for the sale and lease of certain parts of the lane.
A copy of By-law 1986-221 is also attached for reference.
Portions of the former lane between Prince Edward Drive and Kings Lynn Road, and between
Kingsmill Road and Kingscourt Drive were offered for sale to the abutting owners.
The portion of the lane between Kings Lynn Road and Kingsmill Road, which is the subject
of this report, was leased to the adjoining owners pursuant to Clause 11 of the Fifteenth
Report of the Board of Control, 1986, adopted by Council at its meeting held on June 2, 1986.
Please refer to the attached memorandum dated June 4, 1986, which summarizes the
recommendation. Bloorhill Properties Ltd. and Lorne Reynolds Holdings are abutting owners
on both sides of the lane by virtue of their purchase of former Metropolitan Toronto land
north of the lane that was deemed surplus to TTC subway requirements as mentioned earlier.
The lease term ran from September 1, 1986, to August 31, 1996, and is presently on an
overholding basis from month-to-month. The last rent payment covered from September 1,
1996, to August 31, 1997. A request for an extension of the lease was not received from the
tenants and; consequently, the lease was allowed to lapse.
When the portfolio of City-owned properties was reviewed for purposes of identifying surplus
properties for possible sale, the subject land was included as a potential target for disposal.
Discussions with Bloorhill Properties regarding their possible interest in purchasing were
initiated around October of 1997. Due to activities related to the amalgamation with the new
City of Toronto, the matter of the lease renewal or sale was given a low priority.
Comments:
Pursuant to the requirements of the Municipal Act, property owners abutting a public highway
or public lane are entitled to a right of first refusal to purchase a surplus road allowance or
laneway.
In accordance with Municipal Act requirements, public notice of the intent to stop up, close,
and sell by way of publishing in a local newspaper for four consecutive weeks is required. The
required notices were published in the Etobicoke Guardian with the first ad appearing on
October 3, 1998.
As a result of the publication of the notice, several calls and letters were received from local
area residents as well as from the President of The Kingsway Sunnylea Residents'
Association. All were in opposition to the proposal to sell the lane based on historical
controversy relating to the lane dating back some eleven years, as well as current and ongoing
concerns about the potential redevelopment of the Bloorhill Properties and Lorne Reynolds
Holdings site. The concern revolves around potential negative impacts on the surrounding
community.
Conclusion:
Staff were of the view that a restrictive covenant precluding any development on the former
lane could have been included as a condition of the proposed sale, and would have addressed
any misapprehension regarding redevelopment. However, in light of the vehement opposition
to the proposal to sell the surplus lane due to concerns about the possible redevelopment
implications, it is suggested that the sale of the lane not be pursued. Alternatively, the expired
lease should be renewed for a further ten (10) years based on a rental structure to be
negotiated between Realty Services staff and the two abutting owners.
Francois (Frank) G. Bedard
Manager, Realty Services, Etobicoke-York Districts
Telephone: (416) 394-8096; Fax No.: (416) 394-8895; E-mail: fbedard@pathcom.com.
