Consent Agreement Arising from a

Committee of Adjustment Decision

1956 Weston Road - Ward 27, York-Humber

 The York Community Council recommends the adoption of the following report (May 12, 1998) from the York Solicitor:

 Purpose:

 To obtain the authority for the Chief Financial Officer and Treasurer and the City 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.

 Recommendations:

 1.That the Chief Financial Officer and Treasurer and the City Clerk be authorized, on behalf of the City, to execute a Consent Agreement with respect to 1956 Weston Road, in the former City of York, such Consent Agreement to be in a form satisfactory to the City Solicitor; and

 2.That the City require conveyance of the laneway referred to in this report, such conveyance to be satisfactory to the City Solicitor.

 Council Reference/Background/History:

 This matter arises out of the Committee of Adjustment Decision dated June 18, 1996 under Application No. CA-96-82 pertaining to the subject property. The property is located near the northwest corner of Weston Road and Lawrence Avenue West in the former City of York. The building on the property was formerly occupied by the S.S. Kresge Company. The building fronts on Weston Road and has a frontage of approximately 23.902 metres. There is a large parking lot at the rear of the building with frontage on Lawrence Avenue West of approximately 49.85 metres. The total lot area is approximately 7,916.5 square metres (1.96 acres). A sketch of the property is attached as Schedule AA@ to this report.

 The owner of the building wishes to demolish the rear portion of the existing building and create four separate commercial units within the remaining portion of the building. Under the severance application, the owner also proposed the creation of separate parts for the purpose of shared parking, loading, garbage storage and access from Lawrence Avenue West to the rear of the proposed four commercial units. The retained lands would consist of the existing parking lot.

 By its decision dated June 18, 1996, the Committee of Adjustment granted the severance subject to a number of conditions being fulfilled within one year from the date of its Decision. Condition No. 7 of the Decision required that the owner enter into a Consent Agreement with the City to provide for the following matters:

 (a)the construction, maintenance, repair and reconstruction of the parking area, garbage storage and loading area, and any associated underground services in relation to the lands shown as Part 5 on the attached sketch;

 (b)the restricted use of Part 5 on the sketch for surface parking, garbage storage and loading facilities and the use of Part 6 on the sketch as a private access lane if the lane is not conveyed to the City;

 (c)snow removal from the lands shown as Part 5 on the sketch;

 (d)the designation and allocation of parking spaces to each of the four separate commercial units being created;

 (e)the lighting of the parking area on the Part 5 lands;

 (f)the granting in favour of the properties municipally known as 1946, 1948 and 1952 Weston Road, of an easement or right-of-way satisfactory to the City Solicitor for access from the rear of those properties to Lawrence Avenue West over Parts 5 and 6 shown on the sketch or from the rear of those properties over Part 5, if Part 6 is conveyed to the City as a public lane. The Owner shall prepare and register the said easements where approval and acceptance is given by the owners of the benefiting lands and where such approval and acceptance is not forthcoming, the owner shall prepare and deliver the easements to the City;

 (g)the granting to the City of a one-year period from the date of the Committee of Adjustment=s decision, to express whether or not the City will require conveyance of the laneway shown as Part 6 on the sketch for public purposes;

 (h)the construction of a laneway over Part 6 on the sketch to City standards, at no cost to the City, in the event that the City expresses an interest in acquiring title to the lane;

 (i)the sharing of the maintenance, repair and reconstruction costs of the laneway;

 (j)the granting in favour to the property municipally known as 1966 Weston Road, of a right-of-way for access to the rear of the said property from Lawrence Avenue West, over Part 6 in the event that Part 6 is not conveyed to the City as a public laneway. The owner shall prepare and register the said easement where approval and acceptance is given by the owner of the benefiting lands and where such approval and acceptance is not forthcoming the owner shall prepare and deliver the easement to the City;

 (k)that the owner pursue the Rezoning and Plan of Subdivision applications with respect to the retained parking lot and receive a final decision by Council within one year of the filing of those applications;

 (l)the registration of the Consent Agreement on title to the lands and to provide for the payment by the owner of the Consent Agreement fee and registration fee; and

 (m)for other matters as deemed appropriate by the City Solicitor.

 A copy of the decision of the Committee of Adjustment dated June 18, 1996 is attached as Schedule AB hereto.

 The Board of Management of the Weston Business Improvement Area appealed the Decision of the Committee of Adjustment to the Ontario Municipal Board. By its decision dated December 22, 1997, the Ontario Municipal Board allowed the appeal in part, subject to certain conditions including that a Consent Agreement be entered into with the City. The matters to be dealt with under the Consent Agreement are essentially the same as required by the Committee of Adjustment, with the exception that the owner need not pursue the Rezoning and the Plan of Subdivision applications with respect to the retained lands (the rear parking lot area) and with the revision to paragraph (g) above that the City has one year from the date of the OMB=s Decision to determine whether or not the City requires title to the laneway as shown on Part 6.

 A copy of the Ontario Municipal Board Decision dated December 22, 1997 is attached as Schedule AC@ hereto.

 Comments and/or Discussion and/or Justification:

 Planning Department staff are satisfied with the conditions imposed by the Ontario Municipal Board with respect to the subject property. The conditions imposed by the OMB largely reflect the recommendations made by the Planning Department to the Committee of Adjustment. The entering into of the Consent Agreement is necessary in order for the owner of the subject property to finalize its severance. The Consent Agreement will provide for the matters set out in the decision of the Ontario Municipal Board.

 Planning Department and Works Department staff are in support of the laneway shown as Part 6 on the sketch being conveyed to the City. It will provide service access to businesses along this portion of Weston Road.

 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 Ontario Municipal Board to sever the subject property.

 Contact Person

Brian W. Haley

Assistant Solicitor, York

Tel. (416) 394-2530

Fax. (416) 394-2904

 (Copies of Schedules AA@, AB@, and AC@ referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the York Community Council meeting of May 27, 1998, and copies thereof are on file in the Clerk's Department, York Civic Service Centre.)