October 1, 1998

To:Scarborough Community Council

From:Harold Bratten, P.Eng.

Director, Municipal Standards

Subject:261 Port Union Road

Purpose:

At its meeting on July 22nd, the Scarborough Community Council deferred until October 14th, a report dated May 28th respecting the above property.

Financial Implications and Impact Statement:

Nil

Recommendations:

That this report be received for information

Background/History:

Acting upon the direction of the Community Council, letters were sent to the Metropolitan Toronto Police and Sunlife of Canada. The letter to the Police requested that additional patrols be undertaken to address the skateboarding issue in the rear lane. The letter to Sunlife of Canada outlined the provisions of the Noise By-law 24389 respecting noise generated by delivery and garbage trucks.

The division has been advised that the appeal of the Fence Viewers decision was held on September 4th. The appeal judgement ordered that Sunlife construct a 3.1 metre fence out of pressure treated lumber utilizing 2 inch thick planks. Costs associated with the appeal, excluding the appeal fee were made the responsibility of Sunlife while costs associated with the original fence viewing remained unaltered.

The issue of the refund of fees paid by the residents in connection with the fence viewing process may have legal implications which should be examined and commented upon by the Law Department and/or the Clerk's Department.

The Community Council will recall that an order to comply under the city's Property Standards By-law was issued for the removal of bulk garbage containers in the rear laneway. This order had been appealed however the division has been advised that the applicant's, Shoppers Drug Mart, have found alternate arrangements with the landlord precluding the need for containers at the rear. As a result, the appeal has been abandoned.

Conclusion:

Given the decision of the fence viewer upon appeal and the resolution of the garbage bin issued in the laneway, we are unaware of any additional issues at this time which would involve the Municipal Standards division.

Contact Name:

Bryan Byng, District Manager

(416) 396-7071

(416) 396-4266 Fax Number

byng#u#b@city.scarborough.on.ca

Harold Bratten, P.Eng.

Director, Municipal Standards

Urban Planning and Development Services

BGB