Low Lot By-law No. 7273 - Bedford Park Avenue
North York Centre South
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;
- 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;
- 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;
- no building openings below the flood line contour of 176.0 metres; and
- 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 "no
building or structure for residential or commercial purposes may be erected on lands set forth in
Schedule "A" 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:
"The 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.