Deeming By-law No. 728-1998 -

Bedford Park Avenue and Woburn Avenue,

(Ledbury Neighbourhood) -

North York Centre South

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (December 23, 1998) from the Director, Community Planning, North District, recommends that

The North York Community Council reports having held a public meeting on January 20, 1999.

The North York Community Council submits the following report (December 23, 1998) from the Director, Community Planning, North District:

Purpose:

On October 2, 1998 City Council passed a Deeming By-law for a number of lots on Bedford Park Avenue, and Woburn Avenue in the Ledbury neighbourhood of the community of North York. Three requests for a hearing before Council were received as a result of this Deeming By-law. The purpose of this report to outline the process for Deeming By-laws, and requests for hearings resulting from the passage of a Deeming By-law. This report also provides a map to show the location of the requests.

Financial Implications

N/A

Procedural Recommendations:

It is recommended that:

1. Community Council hear each of the people who have made a request to be heard concerning Deeming By-law No. 728-1998; and
2. Community Council recommend that City Council confirm, amend or repeal By-law No. 728-1998.

Background:

Registered Plans M-108 and M109 cover lands that abut both sides of Woburn Avenue and both sides of Bedford Park Avenue. Plan M-109 starts at Bathurst Street and runs east to Ledbury Street. Plan M-108 runs east from Ledbury Street, beyond the former municipal boundary to Greer Road in the former City of Toronto. Both M plans were certified in 1889. They set out lots that are 20 feet wide. The lots range in length from about 115 feet to about 130 feet (35 m to 40 m) long. Most owners own at least two and sometimes three whole lots on the registered plans.

This area is zoned R6, which permits single family dwellings on 40 foot (12 m) wide lots. Most properties are 40 ft (12 m) wide or wider, but there are houses developed on 20 foot wide lots in this area. Most of these are located on Woburn Avenue between Avenue Road and Grey Road.

Discussion

The purpose of a Deeming by-law is to prevent the splitting up of land in a manner that Council determines is inappropriate. No report is provided and no notice is given prior to the passage of the by-law. A motion was passed by North York Community Council (attached as Schedule A) prior to the enactment of the Deeming By-law by Toronto City Council. All public involvement occurs after the Deeming By-law is passed.

The Planning Act allows an owner to sell a portion of their property so long as the portion they retain is a whole lot on a registered plan of subdivision. The properties that are affected by Deeming By-law 728-1998 contain two or more whole lots on a registered plan of subdivision. By-law 728-1998 deems the underlying lot lines to no longer be of any effect, making it necessary to get approval from the Committee of Adjustment if an owner wants to split the property into two or three properties (severance), or the approval of Council if the owner wants to split the property into many properties (subdivision).

Deeming By-law 728-1998 covers most of the lots on Registered Plans M-108 and M-109. The lots affected are shown on Schedule B1 and B2. Notice of the passage of the Deeming By-law was mailed out and three requests for a hearing were received. They are as follows:

1. Wilhelmina Visser, and Roberto Roberti own 457 Woburn Avenue. The location of Ms. Visser's property is shown on the map attached as Schedule B1 as Request Site #1. In her request for a hearing letter, Ms. Visser asks to be exempt from the by-law and sets out an argument that she would like Community Council to consider when determining whether to recommend the Deeming By-law be confirmed, amended or repealed. Ms. Visser's letter is added as Schedule C.
2. George Teichman owns 617 Woburn Avenue. The location of Mr. Teichman's property is shown on Schedule B2 as Request Site #2. His letter requesting a hearing is attached as Schedule D. Mr. Teichman asks that his two properties be removed from By-law 728-1998. He sets out comments he would like Community Council to consider when determining whether to recommend that the Deeming By-law be confirmed, amended or repealed.
3. Toronto District Separate School Board for Blessed Sacrament Catholic School at 24 Bedford Park Avenue. The location of Blessed Sacrament is not shown as it is not located within the area affected by By-law No. 728-1998. The Separate School Board has since withdrawn its request for a hearing. The two letters from the Separate School Board and the City's response is attached as Schedules E1, E2 and E3.

Conclusions:

The information in this report is provided to assist Community Council and Council when it determines whether to repeal, amend or confirm Deeming By-laws Nos. 728-1998.

Contact Name:

David Douglas

Telephone: (416) 395-7136

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The North York Community Council also reports having had before it a communication (December 23, 1998) from the Director, Community Planning, North District, providing information on Deeming By-law No. 728-1998.

The following persons addressed the North York Community Council in connection with the foregoing matter:

-Mr. Peter P. Kole, Senior Coordinator of Planning, Toronto Catholic District School Board,

-Mr. George J. Teichman, ;

-Ms. Wilhelmina Visser, ; and

-Mr. Roberto Roberti, .

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)