Lane Closing and Surplus Property Declaration,
Lane Adjacent to 117 Harewood Avenue,
(Scarborough Bluffs - Ward 13)
The Corporate Services Committee recommends the adoption of the following report
(February 12, 1998) from the Commissioner of Corporate Services:
Purpose:
The redevelopment of a property at 2890 Kingston Road has presented an opportunity to close and
dispose of an unnamed lane. Authority is sought for the closing of the lane.
Funding:
Not required.
Recommendations:
It is recommended that:
(1) road closing procedures be initiated to close the portion of the lane, extending east of Harewood
Avenue, as shown on the attached sketch;
(2) Council declare the laneway as shown, surplus and that the City intends to sell the lands;
(3) public notice of the proposed sale be given by including a notation to that affect with the advertising
of the road closing;
(4) staff be directed to report back to Council on the offering of the lane to the abutting owners
immediately after the lane is closed; and
(5) appropriate City officials be authorized and directed to take the necessary action to give effect
thereto.
Background:
In 1995, City of Scarborough Council directed the Director of Real Estate to investigate the possibility
of closing a laneway which extended east from Harewood Avenue, just north of Kingston Road, in the
McCowan Road/Kingston Road area. The instructions to the Director of Real Estate emanated from a
rezoning application in which one of the abutting owners sought approval to construct a denture clinic.
The clinic is currently under construction at 2890 Kingston Road, and the owner has indicated an
interest in purchasing the laneway.
The lane is 4.5m (15 feet) wide from Harewood Road easterly for a distance of approximately 22.8m
(75 feet). It then widens to a width of 15m (50 feet). There is no indication that this lane was ever
maintained by the City.
As noted on the attached attached (Schedule "A"), a small portion of the lane close to Harewood
Avenue must remain open to serve as an access for the owner of 2886 Kingston Road. However, the
remainder is surplus to the operational needs of the City.
The zoning of the lane is S-Single Family, with development standards permitting one house per lot
with a minimum frontage of 12m (39.4 feet) and a minimum lot area of 464m2.. The Official Plan
Designation is Low Density Residential.
To the north of the lane is an approximately 50 year old single family residence; to the south is a
commercial property recently redeveloped as a denture clinic; to the east a funeral home. The owner of
the single family residence has encroached upon a significant portion of the lane for many years, quite
possibly since the house was constructed.
There are dozens of lanes throughout this area of Scarborough which have never been improved as
public thoroughfares, and which have been occupied by the abutting owners for decades. In many cases
substantial improvements, such as large sheds and garages, have been constructed on the lanes. To deal
with the issue, the City of Scarborough evolved a policy whereby owners of residential property could
purchase lanes which added no frontage to their properties for a nominal sum, provided they were
responsible for the necessary survey costs. Owners of properties where their frontage was to be
increased, or non-residential property owners, were required to pay market value.
Comments:
Preliminary discussions have been held with the owners of the three abutting properties, who have
generally agreed that they have no objection to the closing and sale of the lane in accordance with the
City's policy. The owner of 2888 Kingston Road indicated no objections to the proposal, provided the
lane remains open to the east limit of his property.
The Municipal Act requires the lane be closed as a public highway prior to sale. Advertisements in local
newspapers are required as part of the road closing process.
The former City of Scarborough Real Estate Disposal Procedure By-law requires the City, when
proposing to dispose of a parcel of land:
(a) to publicly declare the property to be surplus;
(b) to provide notice to the public of the proposed sale in a manner determined by Council;
(c) to obtain at least one written appraisal of the fair market value before entering into an agreement of
Purchase and Sale; and
(d) if the recommended method of disposal is by Public Auction or Public Tender, the conditions of sale
and the reserve amount, if applicable, are to be set out in the by-law declaring the property surplus.
As newspaper advertisements will be required as part of the road closing process, the public notice
requirements can be met by including a notation to that effect in the road closing advertisements.
Another report recommending the lane be offered to the abutting owners in accordance with the
Municipal Act and City policy will follow as soon as the road closing process is completed.
Conclusions:
The abutting owners are in agreement with proposed closing and sale of the lane which will assist in the
orderly redevelopment of the property at 2890 Kingston Road for commercial purposes, thereby
increasing the City's tax base.
Contact Name:
R. Mayr, AACI, Telephone: (416) 396-4930 Fax: (416) 396-4241 mayr@city.scarborough.on.ca
(cs98019.wpd)
(A copy of the sketch referred to in the foregoing report is on file in the office of the City Clerk.)