October 14, 1998
To:Toronto Community Council
From:Commissioner of Urban Planning and Development Services
Subject:Residential Demolition Application - 79 Dunfield Avenue (North Toronto)
Purpose:
To recommend that Council refuse the applicant's request for a fourth extension to the
conditions related to a residential demolition permit at 79 Dunfield Avenue.
Source of Funds:
Not applicable.
Recommendation:
- That City Council refuse to extend the conditions attached to residential demolition permit
366234, and
- That Council direct the City Clerk to enter on the collector's roll, to be collected in like
manner as municipal taxes, the sum of $20,000.00, and that such sum shall, until payment
thereof, be a lien or charge upon the land in respect of which the permits to demolish the
residential properties were issued.
Council Reference/Background/History:
At its meeting held on July 6 & 7, 1992 the Council of the former City of Toronto approved
the issuance of a permit to demolish the detached house at 79 Dunfield Avenue. This permit
was based on the issuance of building permits to construct a pair of semi-detached residential
buildings on the lot. Council issued the demolition permit on condition that a new building be
erected no later than two years from the day demolition of the existing residential property
commenced.
The permit was granted on a further condition that upon failure to complete the new building
within the specified time frame, the City Clerk shall be entitled to enter on the collector's roll,
to be collected in like manner as municipal taxes, the sum of $20,000 for each dwelling unit in
the residential property in respect to which this demolition permit is issued and such sum
shall, until paid, be a lien or charge upon 79 Dunfield Avenue.
Demolition of the single family detached house commenced on September 14, 1992. The new
buildings were, therefore, required to be completed by September 14, 1994.
At its meeting held on May 30 & 31, 1994 Council granted a request from the applicant to
extend the time for completion of the new buildings by one year to September 14, 1995.
As a result of concerns that Council was not evenly applying its authority to extend
demolition permit conditions, Council adopted a policy for considering such requests at its
meeting held on December 18 & 19, 1995 (Cl.13 of NHC Rpt. No. 1). Specifically:
A.Decision to Extend
In general, Council will not extend the time period to rebuild unless:
(i)Council is of the opinion, based on a letter from an appraiser appropriately accredited by
the Appraisal Institute of Canada, provided at the sole expense of the applicant, that the
project cannot economically proceed in its present form; or
(ii)There has been a change in circumstances beyond the control of the applicant, such as a
labour dispute or "Act of God".
B.Terms of Extension
When allowing extensions, Council will:
(i)Limit the number of extensions to one per application; and
(ii)Limit the time of an extension to one year.
Subsequent to adopting this policy, Council twice more extended the time for completing the
new building. At each of its meetings held on February 12 &13, 1996 and October 28 & 29,
1996, Council extended the time by an additional year, thus requiring the new building to be
completed by September 14, 1997.
Comments:
Since 1992 the proposed redevelopment has changed form several times. While the original
replacement building permit for a pair of semi-detached dwelling remains open, the applicant
has been working with the City to expand the nature of the redevelopment. The latest proposal
culminated in a rezoning of 79 Dunfield, and 85 and 97 Eglinton Avenue East to permit the
construction of a 12 storey mixed use commercial-residential building. The applicant's
solicitor has advised me that although this rezoning had been settled in his favour by the board
on January 27, 1998, the owner does not intend to proceed with the project in its current form
in the near future.
Council's 1995 decision to adopt a policy for extending demolition conditions was based, in
part, on a concern that while it is reasonable in some circumstances to extend the conditions
associated with residential demolitions, unevenly extending conditions can undermine the
basis for and benefits of applying conditions in the first place. I understand the City Solicitor
will be reporting to you separately on his view of this policy and the role it played in his
successful defence of Council's decision to enforce its demolition conditions at 2451 St Clair
Avenue West before the Ontario Municipal Board.
Conclusion:
I therefore recommend that Council adhere to its 1995 policy regarding the extension of
demolition permit conditions and refuse the applicant's request for a fourth extension.
Contact Name:David Brezer, P.Eng
Telephone:(416) 392-0097
Fax:(416) 392-0721
E-mail:dbrezer@city.toronto.on.ca
Pam Coburn
Director and Deputy Chief Building Official.
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