The York Community Council recommends that:

(1) the following report (March 3, 1998) from the York Solicitor, be adopted; and

(2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Purpose:

To obtain authority for the Chief Financial Officer & Treasurer and Clerk, on behalf of the City, to enter into a Consent Agreement with respect to the subject property.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendation:

That the Chief Financial Officer & Treasurer and Clerk be authorized, on behalf of the City, to execute a Consent Agreement with respect to 501 Alliance Avenue, in the former City of York, such Consent Agreement to be in a form satisfactory to the City Solicitor.

Council Reference/Background/History:

This matter arises out of the Committee of Adjustment decision dated May 27, 1997 under Application No. CA-97-73 pertaining to the subject property. The property is located at the southeast corner of Alliance Avenue and Rockcliffe Boulevard in the former City of York. The building on the property was constructed in stages. The one-storey portion of the building located on the eastern portion of the site was constructed in approximately 1922. The four storey portion of the building located on the western portion of the site was constructed in the early 1970's. The one storey portion of the building contains the Ionian Cafe and Grill and the Ambiance Banquet Hall. Renovations are also in progress to accommodate the Acropolis Cafe and Nightclub. The four storey portion of the building was previously occupied by a sports equipment manufacturer.

The owner of the property wishes to sever the property in such a manner as to separate the four storey portion of the building from the one storey portion. The severance application included the creation of various easements and rights of way for access and egress purposes. The application to the Committee of Adjustment was also for the purpose of obtaining permission to lease 71 parking spaces for a period greater than 21 years. The parking spaces are to be leased from the purchaser of the western portion of the property for the benefit of the uses on the eastern portion of the property.

The Committee of Adjustment granted the severance application subject to a number of conditions, including that a Consent Agreement be entered into with the City satisfactory to the City Solicitor and that such Agreement be registered against title to the severed lands and the retained lands. A copy of the decision of the Committee of Adjustment is attached as Schedule "A" to this report. The Decision sets out a number of provisions that are to be contained in the Consent Agreement. The draft Consent Agreement which is attached as Schedule "B" to this report includes those provisions. The draft Consent Agreement may have to be amended to include as party any entity which has a mortgage or lien interest in the property.

Comments and/or Discussion and/or Justification:

The entering into of the Consent Agreement by the City is necessary in order for the owner of the subject property to finalize its severance. The Consent Agreement prohibits the separate conveyance of the severed and retained lands until certain physical changes are made to the premises, including the construction of a fire wall and the separation of services.

Conclusions:

The entering into and registration of the Consent Agreement against title to the subject property will satisfy one of the conditions imposed by the Committee of Adjustment to sever the property into two parcels and to permit the leasing of 71 parking spaces on a long-term basis. The Consent Agreement satisfies the City's concerns with respect to servicing.

Contact Person:

George McQ. Bartlett

Solicitor, York

Tel # (416) 394-2531

Fax # (416) 394-2904