March 26, 1999

To:East York Community Council - March 30, 1999

From:Quinto M. Annibale

Loopstra, Nixon & McLeish - City Solicitors - East York Office

Subject:870 Pape Avenue, Repeal of Part Lot Control Exemption

Block 7, Plan 66M-2325

Purpose:

That City Council adopt the following report and enact the By-law as Appendix "1" hereto to repeal the part lot control exemption and restore part lot control to a portion of these lands.

Financial Implications:

The cost of preparing and registering this by-law will be paid by the owner.

Recommendations:

1.That City Council enact the attached By-law.

2.That the City Solicitors for the East York Office be instructed to register the said by-law on title to the lands, to which the by-law applies as required by section 50(7.5) of the Planning Act.

Background:

On July 29, 30 and 31, 1998 City Council for the City of Toronto adopted the report of the Commissioner of Development Services, East York dated July 10, 1998 as East York Community Council Report No. 11(5). Clause (5) of the report indicated that immediately upon the conveyance of each lot, the City Solicitor for the East York Office be directed to bring forward a by-law to repeal the part lot control exemption.

Comments:

Since the time of that report, the owner has conveyed title to 12 lots. The original by-law passed by City Council on July 31, 1998 (By-law No. 485-1998) had the effect of lifting part lot control on Block 7 only. A second by-law was subsequently passed for the balance of the lands in order to permit the conveyance of title to each individual lot. Without part lot control, conveyances can occur without City Council approval. Therefore it is appropriate to restore part lot control now that these conveyances have occurred.

Conclusions:

It is appropriate for City Council to enact the By-law attached as Appendix "1" hereto with respect to the repeal of part lot control exemption.

Contact Name:

Quinto M. Annibale

Loopstra, Nixon & McLeish

Tel. 416-746-4710

Fax 416-746-8319

e-mail: qannibale@loonix.com

Quinto M. Annibale

City Solicitors - East York Office

APPENDIX "1"

Authority:East York Community Council Report No. 11(5), July 29, 30 and 31, 1998

Intended for first presentation at Council:April 13, 1999

Adopted by Council:

CITY OF TORONTO

BILL NO.

BY-LAW

a by-law pursuant to the provisions of section 50(7.5) of the

Planning Act, R.S.O. 1990, c. P.13, to amend By-law No. 485-1998

by deleting certain lands therefrom

WHEREAS, pursuant to the provisions of Section 50(7) of the Planning Act, R.S.O. 1990, the Council of a municipality may by by-law provide that Subsection 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law;

AND WHEREAS, pursuant to the provisions of Section 50(7.5) of the Planning Act, R.S.O. 1990, the Council of a municipality may amend such a by-law to delete part of the land described therein.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.That By-law No. 485-1998, "A by-law pursuant to the provisions of Section 50(7) of the Planning Act, R.S.O. 1990, c. P.13, to exempt certain lands being Block 7 of Registered Plan 66M-2325 at 870 Pape Avenue, in the City of Toronto (formerly Borough of East York)", being a by-law of the City of Toronto, is hereby amended by deleting from the lands described in Section 1 of the said By-law No. 485-1998, those lands described in Schedule "A" attached hereto.

ENACTED AND PASSED this day of , A.D.

Mel Lastman,Novina Wong,

MayorCity Clerk

SCHEDULE "A"

ALL AND SINGULAR that certain parcels or tract of land and premises situate, lying and being in the City of Toronto (formerly Borough of East York) and being composed of Block 7, Plan 66M-2325, designated as Parts 1 to 12, inclusive, Plan 66R-18016.