Proposed Sale of Lot 198 - Woburn Avenue,

Registered Plan M-108 - North York Centre South

The North York Community Council recommends the adoption of the report (May 4, 1998) from the Commissioner of Corporate Services embodied in the following Clause 28 of Report No. 7 of the Corporate Services Committee:

(City Council on June 3, 4 and 5, 1998, struck out and referred this Clause back to the North York Community Council for further consideration.

Council also adopted the following recommendations:

"It is recommended that:

(1)Ward Councillors be notified of all real estate related requests in their Wards and be kept informed of all ongoing negotiations;

(2)Ward Councillors be advised of the details prior to the final conclusion of any transactions and before any reports are signed or the matter is considered by the Corporate Services Committee/Council; and

(3)the following motion be referred to the next meeting of the Corporate Services Committee to be held on June 22, 1998, for consideration with the report from the Commissioner of Corporate Services on the processing of real estate transactions:

Moved by Councillor Flint:

'It is recommended that:

(1)real estate matters under $500,000.00, that are deemed by a Ward Councillor to be of special interest, be considered by the Corporate Services Committee and City Council at that Councillor's request;

(2)real estate matters under $500,000.00, of local significance, be considered by the Community Council and City Council at a Councillor's request;

(3)matters related to the potential sale of any property be reported to the respective Community Council for comment before being considered by the Corporate Services Committee; and

(4)the Council Procedural By-law be amended accordingly.' ")

The Corporate Services Committee recommends the adoption of the report (May4, 1998) from the Commissioner of Corporate Services.

The Corporate Services Committee reports, for the information of Council, having forwarded a copy of the aforementioned report to the North York Community Council for comment thereon to the meeting of Council scheduled to be held on June 3, 1998.

The Corporate Services Committee submits the following report (May4, 1998) from the Commissioner of Corporate Services:

Purpose:

To obtain Council approval for the sale of the subject property to the abutting property owner at 530Woburn Avenue.

Financial Implications:

The sale of the subject property will generate funds in the amount of $100,000.00 to be deposited in the Land Acquisition Account No. 007-430-0000-8340.

Recommendations:

It is recommended that:

(1)the City accept the offer to purchase for the subject property, made by the abutting property owner at 530 Woburn Avenue, Boaz Feiner, for the appraised value of $100,000.00;

(2)the City Solicitor be authorized to complete this transaction according to the terms and conditions of the offer to purchase and pay any expenses incurred by the City incidental to the closing of the transaction of otherwise;

(3)the proceeds from the sale be credited to Account No. 007-430-000-8340; and

(4)the appropriate City officials be authorized to take whatever action is necessary.

Background:

The former City of North York acquired the subject vacant residential property through a Certificate of Tax Arrears on November 20, 1939. The property has frontage of 6.1 m (20 ft) by a depth of 36.57 m (120 ft) and an area of 239.7 m² (2,400 square ft.). This property has always been considered to have only contributory value with abutting lands.

However, in 1996, a number of similar size properties in the surrounding area received Committee of Adjustment approval of variances to the minimum lot frontage and coverage provisions and thereby establishing them as viable building parcels. In view of these recent approvals, staff determined that there was a reasonable chance that the Committee of Adjustment would also approve an application to establish the subject property as a viable (R6) residential building lot. On April 17, 1996, staff received approval from the former City of North York Council to make such an application to the Committee of Adjustment.

The application to establish the subject property as a viable building lot was heard by the North York Committee of Adjustment on June 13, 1996. The Committee stated that if approval was granted to this application there could be a proliferation of 6.1 m (20 ft) lots in the area. It was moved by the Committee that the application be deferred sine die with the understanding that City staff attempt to negotiate the sale of the subject property with the owner of 530 Woburn Avenue.

The Committee of Adjustment in making their decision was aware that the new owner of 530Woburn Avenue had contacted City staff to inquire about purchasing the subject City property. It was his intention to assemble a large enough site for a possible land severance. The Committee concluded that such an assembly may provide them with the opportunity to consider land severances at that location with frontages in excess of 6.1 m (20 ft).

Former North York Council on December 11, 1996, by Resolution No. 96-18 declared the subject lands as surplus. Staff entered into prolonged negotiations with the owner of 530 Woburn Avenue for the sale of the subject property. As the result of this action a settlement has now been secured. The financial consideration is $100,000.00 and is based on the appraised value according to an independent appraisal prepared by Royal LePage for the former City of North York.

Conclusion:

The financial terms are considered to be fair and equitable and the sale being recommended for approval addresses the concerns of the former North York Committee of Adjustment.

Contact Name and Telephone Number:

Wayne O'Brien, Telephone No. (416)395-6847, Fax No. (416)395-6703, (cs98060.wpd)

(A copy of the maps attached to the foregoing report were forwarded to all Members of Council with the May 25, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)

(City Council on June 3, 4 and 5, 1998, had before it, during consideration of the foregoing Clause, the following communication (May 28, 1998) from the City Clerk:

Recommendations :

The North York Community Council on May 27, 1998, recommended to City Council that:

(1)the report (May 4, 1998) from the Commissioner of Corporate Services regarding Woburn Avenue - Proposed Sale of Lot 198, Registered Plan M-108 (Ward 9 - North York Centre South) be referred to the North York Community Council for consideration;

(2)real estate matters under $500,000.00, that are deemed by a Ward Councillor to be of special interest, be considered by the Corporate Services Committee and City Council at that Councillor's request;

(3)real estate matters under $500,000.00, of local significance, be considered by the Community Council and City Council at a Councillor's request;

(4)matters related to the potential sale of any property be reported to the respective Community Council for comment before being considered by the Corporate Services Committee; and

(5)the Council Procedure By-law be amended accordingly.

The North York Community Council reports, for the information of City Council, having requested the Commissioner of Corporate Services to:

(a)notify all Councillors of all real estate related requests in their Wards and keep them informed of all ongoing negotiations; and

(b)advise Councillors of the details prior to the final conclusion of any transactions and before any reports are signed or the matter is considered by the Corporate Services Committee/Council.

Background:

The North York Community Council had before it a communication (May 26, 1998) from the City Clerk regarding Woburn Avenue - Proposed Sale of Lot 198, Registered Plan M-108.)

(June 8, 1998) from the City Clerk advising that City Council at its meeting held on June 3, 4 and 5, 1998, struck out and referred back to the North York Community Council for further consideration Clause 28 of Report No. 7 of the Corporate Services Committee, headed "Proposed Sale of Lot 198 - Woburn Avenue, Registered Plan M-108 - North York Centre South".