Interim Control By-Law Exemption -

45 Berryman Street (Midtown)

The Toronto Community Council reports having requested the Commissioner of Urban Planning and Development Services to report directly to Council, for its meeting to be held on November 25, 1998, on the status of the building permit application for 45 Berryman Street, and an exemption to Interim Control By-law No. 726-1998, to permit immediate completion of the construction.

The Toronto Community Council submits the following communication (November 12, 1998) from Councillor Ila Bossons:

Whereas Toronto City Council, at its meeting on October 30, 1998, passed an Interim Control By-law pursuant to Section 38(3) of the Planning Act, enacting that: No person shall erect any building or structure or construct any addition to and/or enlarge any existing building or structure within the lands residentially zoned fronting Hazelton Avenue, Webster Avenue, Berryman Street and Bishop Street.

Whereas the owners of 45 Berryman Street, were already in the process of restoring their historic (1871) property and building an addition, and the following steps had already occurred:

1.July 3Made application for Preliminary Zoning By-law Review

2.July 21Committee of Adjustment Application

3.July 27Permit Application, Demolition (Permit No. 415106) to removed wooden rear addition - granted in part at Jesse Ketchum School request to complete demolition prior to school beginning in September

4.August 18Committee of Adjustment Hearing, File No. A199801085, Granted Approval

5.September 16Final and Binding Decision of Committee of Adjustment

6.October 10Building Permit Application Permit No. 418118

7.October 30Buildings Department Examiner's Notice on status of Building Permit, indicated approximately 10 items requiring clarification prior to issuance of Building Permit; and

Whereas on November 4 the owners were notified by City staff that the Interim Control By-law prevented the issuance of the Building Permit; and

Whereas the only concerns raised by neighbours were that the historic character of the area be preserved and the density be similar to other houses and not excessive; and

Whereas this project is, in my view, in keeping with the spirit of the Interim Control By-law in that it preserves the heritage nature of the building while making improvements which only exceed the maximum permitted square metres by approximately 45.45 square metres;

Therefore be it Resolved that the Commissioner of Urban Planning and Development report directly to City Council on November 25, 1998 on the status of the building permit application and an exemption to Interim Control By-law No. 726-1998 to permit the immediate completion of this construction.