CITY CLERK

  Clause embodied in Report No. 4 of the North York Community Council, as adopted by the Council of the City of Toronto at its meeting held on April 16, 1998.

 29

Low Lot By-law No. 7273 - Bedford Park Avenue

North York Centre South

 (City Council on April 16, 1998, adopted this Clause, without amendment.)

 The North York Community Council recommends:

 (1)the adoption of the following report (March 4, 1998) from the Deputy Commissioner of Public Works, North York Civic Centre; and

 (2)that the storage pipe and reference to the report (March 4, 1998) from the Deputy Commissioner of Public Works, North York Civic Centre, be registered on title:

 Purpose:

 To lift Low-Lot By-Law No. 7273 from Lots 799 and 800, Plan M-108, Bedford Park Avenue.

 Recommendations:

 It is recommended that:

 1. Lots 799 and 800, Plan M-108 be released from the provisions of Lot By-law No. 7273 subject to:

 (a)the owner providing for the design and construction of the storage pipe works as proposed by the Consultant=s Report prepared by Greenland Engineering Group dated October 2, 1997;

 (b) the owner covenants and agrees to deposit to the City, a letter of credit in the amount of $70,000.00 to guarantee the satisfactory and prompt performance of the works as proposed by Greenland Engineering Group. The letter of credit shall be kept in full force and effect, until such time as the City accepts the said service, at which time the letter of credit shall be returned to the owner;

 (c) a 3.5 metre easement be conveyed to the City at no cost over the proposed box culvert to ensure maintenance of the system;

 (d)building permits not be released until a grading plan is submitted to the Works Department for approval, certification from a Consultant Engineer is received by the City verifying that all works have been completed satisfactory to the Commissioner of Public Works and that Agreements be concluded, and registered on title to maintain the grading as approved by the Commissioner of Public Works and Building and indemnify the City from all claims and damages;

1. no building openings below the flood line contour of 176.0 metres; and

1. all legal costs to be borne by owner; and

 2. as per Council=s Policy, subject to North York Community Council=s approval, the Legal Department provide to Council for Public Hearing the By-law for removal of provisions of the Low-Lot By-law and that the Planning Department send out the notice of the policy of the by-law in the same manner as any other zoning amendment.

 Background:

 By-Law No. 7273, called Low-Lot By-Law, was passed in March of 1951 and stated that Ano building or structure for residential or commercial purposes may be erected on lands set forth in Schedule AA@ hereto which lands being low lying, marshy or of unstable character. The cost of construction thereon of satisfactory water works, sewage or drainage works is prohibitive@.

 Present North York Policy to lift Low-Lot By-law is as follows:

 AThe By-law for removal of the provisions of the Low-Lot By-Law must be made available by the Legal Department to Council for the Public Hearing called under the notice. Upon Council approval, notices of the passing of the by-law are sent out in the same manner as any other zoning amendment. If no appeals are received within 35 days, the by-law comes into effect.

 In the event there is an agreement required to cover such things as accepting liability, retaining a Drainage Engineer, providing drainage works, then the agreement must be prepared by the Legal Department in consultation with the Public Works Department, with the agreement being signed in the usual way prior to the Public Hearing.@

 In 1986, an Engineering Report was prepared by the Consulting Engineers firm of Cosburn Patterson Wardman Ltd., on behalf of the owner, Mr. Camilleri. A Works Committee report was prepared for Council addressing the request for the lifting of the Low-Lot By-law. Works Committee Report No. 4, Clause 6 was received and adopted by Council on March 24, 1986, recommending that Lots 799 and 800, Plan M-108, not be released from the provisions of By-law No. 7273. The reason for refusal is that, based on the Consultant=s Report, any dwelling built on the subject lots will be susceptible to flooding during a 100 year storm and increase the potential of flooding of others within the immediate area.

Comments:

 As an Engineering Report is one requirement in the process of lifting the Low-Lot By-law, Greenland Engineering Group on behalf of the current owner, Mr. John Andriano, submitted a new Storm Drainage Engineering Report on July 11, 1997, that would study storage and drainage for a 100 year storm protection to be provided for the two subject lots. The Consultant=s Report recommended the construction of a 2.4m by 1.8m concrete culvert, at an estimated cost of $70,000.00 within a 3.5m easement to provide the 100 year storm protection. The report states that this solution will alleviate any adverse effects of a 100 year storm on the subject properties and well as the adjacent properties. A further recommendation concluded that no openings in the proposed building on this lot be below the elevation of 176.0m. North York Public Works has reviewed the Consultant=s Report and accept the recommendations.

Conclusions:

 North York Public Works has no objections to the owner=s request for the lifting of the Low-Lot By-law subject to compliance to Greenland Engineering Group Engineering Report of October 2, 1997, and their recommendations to permit a structure to be built and subject to the owner depositing a letter of credit in the amount of $70,000.00 as guarantee. Procedural conditions to lift the Low-Lot By-law will be as established by Council.

 Contact Name:

 Stan Bertoia, P. Eng., Director of Engineering, 395-6235.