Declaration as Surplus - Closed Laneway North of Bloor Street
West Between Kings Lynn Road and Kingsmill Road
The Etobicoke Community Council recommends the adoption of the following report (October28,1998) from the
Manager of Realty Services, Etobicoke-York District:
The Etobicoke Community Council reports having requested the Manager, Realty Services, Etobicoke-York District, to
examine the provisions of the proposed lease and submit a further report to the Community Council, and prior to renewal
to ensure that the lease is in accordance with the original lease.
The Etobicoke Community Council submits the following report (October 28, 1998) from the Manager of Realty
Services, Etobicoke-York District:
Purpose:
To respond to concerns raised by local area residents regarding the proposed sale of a former public laneway.
Financial Implications:
One-time revenue would have been generated from the proposed sale. However, renewal of the existing lease will provide
some ongoing rental revenue.
Recommendations:
It is recommended that:
(1)the property described as Parts 4 and 5 on Plan 64R-11289, formerly in the City of Etobicoke, now City of Toronto,
being the remainder of the closed laneway north of Bloor Street West between Kings Lynn Road and Kingsmill Road,
comprising an area of approximately 464 m2 (4,994 sq. ft.), not be sold;
(2)the opposition to the proposed sale by the residential property owners in the area be noted for future reference;
(3)steps be taken to renew the lease of the former laneway to the abutting owners for parking for a term of ten (10) years
at a rent to be negotiated by the City's Realty Services staff; and
(4)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
On June 19, 1984, Metropolitan Council adopted Executive Committee Report No. 17, ItemNo.38, authorizing the sale of
Block W-28 - west side Kingsmill Road to east side Kings Lynn Road, to Bloorhill Properties Limited (who were also
acting for Lorne Reynolds Holdings Limited regarding their interest).
According to that report, "negotiations were conducted with the owners involved and as a result, an acceptable offer has
been received from Bloorhill Holdings Limited, owners of Nos.2842,2844and2846 Bloor Street West, who are also acting
on behalf of LorneReynoldsHoldings Limited, owners of No. 2848 Bloor Street West, for the purchase of the
Metropolitan-owned lands" under certain conditions, including "the retention by the Metropolitan Corporation of a
permanent sub-surface easement".
A copy of the above-referenced Metropolitan Toronto report is attached.
Pursuant to By-law 1985-264, The Corporation of the City of Etobicoke adopted changes to the Zoning Code to allow
parking of automobiles on the land at the rear of 2842,2844,2846,and2848Bloor Street West in conjunction with the
adjacent residential and commercial uses, subject to certain conditions. That by-law also permitted the development of a
single family dwelling at 9 Kings Lynn Road on the lot that was severed by Bloorhill Properties from the land they
purchased from Metro.
Please refer to the attached copy of By-law 1985-264.
A landscaping and parking plan was approved and implemented at the expense of the owners of the Bloor Street
properties. See the plan attached hereto.
Subsequently, City of Etobicoke Council enacted By-law 1986-221 to stop up and close portions of the lane shown on
Plan 2314, and for the sale and lease of certain parts of the lane.
A copy of By-law 1986-221 is also attached for reference.
Portions of the former lane between Prince Edward Drive and Kings Lynn Road, and between KingsmillRoad and
Kingscourt Drive were offered for sale to the abutting owners.
The portion of the lane between Kings Lynn Road and Kingsmill Road, which is the subject of this report, was leased to
the adjoining owners pursuant to Clause 11 of the Fifteenth Report of the Boardof Control, 1986, adopted by Council at
its meeting held on June 2, 1986. Please refer to the attached memorandum dated June 4, 1986, which summarizes the
recommendation. BloorhillProperties Ltd. and Lorne Reynolds Holdings are abutting owners on both sides of the lane by
virtue of their purchase of former Metropolitan Toronto land north of the lane that was deemed surplus to TTC subway
requirements as mentioned earlier.
The lease term ran from September 1, 1986, to August 31, 1996, and is presently on an overholding basis from
month-to-month. The last rent payment covered from September 1, 1996, to August31,1997. A request for an extension of
the lease was not received from the tenants and; consequently, the lease was allowed to lapse.
When the portfolio of City-owned properties was reviewed for purposes of identifying surplus properties for possible sale,
the subject land was included as a potential target for disposal. Discussions with Bloorhill Properties regarding their
possible interest in purchasing were initiated around October of 1997. Due to activities related to the amalgamation with
the new City of Toronto, the matter of the lease renewal or sale was given a low priority.
Comments:
Pursuant to the requirements of the Municipal Act, property owners abutting a public highway or public lane are entitled
to a right of first refusal to purchase a surplus road allowance or laneway.
In accordance with Municipal Act requirements, public notice of the intent to stop up, close, and sell by way of publishing
in a local newspaper for four consecutive weeks is required. The required notices were published in the Etobicoke
Guardian with the first ad appearing on October 3, 1998.
As a result of the publication of the notice, several calls and letters were received from local area residents as well as from
the President of The Kingsway Sunnylea Residents' Association. All were in opposition to the proposal to sell the lane
based on historical controversy relating to the lane dating back some eleven years, as well as current and ongoing
concerns about the potential redevelopment of the Bloorhill Properties and Lorne Reynolds Holdings site. The concern
revolves around potential negative impacts on the surrounding community.
Conclusion:
Staff were of the view that a restrictive covenant precluding any development on the former lane could have been included
as a condition of the proposed sale, and would have addressed any misapprehension regarding redevelopment. However,
in light of the vehement opposition to the proposal to sell the surplus lane due to concerns about the possible
redevelopment implications, it is suggested that the sale of the lane not be pursued. Alternatively, the expired lease should
be renewed for a further ten (10) years based on a rental structure to be negotiated between Realty Services staff and the
two abutting owners.
Contact:
F. G. Bedard
Manager, Realty Services, Etobicoke-York District
Telephone: (416) 394-8096; Fax No.: (416) 394-8895
(Copies of the attachments referred to in the foregoing report were forwarded to all Members of Council with the agenda
of the Etobicoke Community Council meeting of November12,1998, and copies thereof are on file in the office of the City
Clerk.)
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The Etobicoke Community Council reports having had before it the following communications:
-(October 19, 1998) from Mr. B. Robertson, Etobicoke, advising of the community's opposition to disposal of the subject
property; and
-(October 23, 1998) from Ms. M. Campbell, President, Kingsway Sunnylea Residents' Association, opposing sale of the
property.
The following persons appeared before the Etobicoke Community Council in connection with the foregoing matter:
-Mr. B. Robertson, Etobicoke; and
-Ms. D. J. Miller, Etobicoke.