Part Lot Control Exemption Application SPl98002

Carma Developers Limited, Lawrence Avenue

Port Union Village Community

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council recommends the adoption of the following report (March 4, 1998) from the Commissioner of Planning and Buildings, Scarborough:

Purpose:

Carma Developers Limited intends to construct 53 rear lane townhouses with detached rear yard garages on lands located on the southwest quadrant of Lawrence Avenue and Bridgeport Drive (Figure 1). The subject lots are already established through the registration of the subdivision. This application seeks approval to lift Part Lot Control on 53 lots, thereby allowing the registration of easements for maintenance and encroachment of overhangs.

Recommendations:

It is recommended that:

(1) Council enact a Part Lot Control Exemption By-law with respect to Lots 81 to 133 inclusive on Registered Plan M-2292;

(2) the Part Lot Control Exemption By-law shall be repealed one (1) year from the date of the passing of the by-law;

(3) all conveyances which occur after the exemption from Part Lot Control shall be in accordance with the reference plan(s) approved by the Commissioner of Planning and Buildings prior to the plan(s) being deposited in the Land Registry Office; and

(4) Council authorize any unsubstantive technical, stylistic or format changes to the exemption by-law as may be required to give effect to this resolution.

Comments:

Section 50(7) of the Planning Act, 1990, authorizes the lifting of Part Lot Control on lots within a registered plan. Although the townhouse lots were established as individual freehold parcels on the registered plan, parts of wall elements and roof structures such as eaves and soffits from one unit will encroach upon the adjacent parcel, depending upon the design and siting of adjacent dwellings. Easements for maintenance purposes are necessary to allow access between adjacent dwellings.

There are no Official Plan or zoning concerns raised by this application.

A plan of subdivision has been registered since September 12, 1995. A Site Plan Control application has been filed depicting house sitting, landscaping and building elevations and it is currently being reviewed by staff.

The preparation of reference plans for these encroachments and easements, reviewed by the Commissioner of Planning and Buildings prior to registration on title, will ensure municipal monitoring and control and will ensure that the deposited plans reflect Council's approval. A technical circulation has been undertaken with no concerns reported to date. No development agreement is required as a subdivision agreement is already in effect.

Conclusions:

The lifting of Part Lot Control on the subject lands will facilitate the implementation of a highly desirable development already endorsed by the former Scarborough Council.

Contact Name:

Alicia I. Bulwik, MCIP, RPP.

Senior Planner, Community Planning Division

Phone: (416) 396-7023

Fax: (416) 396-4265

E-mail: bulwik@city.scarborough.on.ca