May 6, 1999

To:Chair and Members of the North York Community Council

From:Joe Halstead, Commissioner Economic Development, Culture and Tourism

Rob Dolan, Acting Director, Community Planning, North District

Subject:Request for Release of Instrument No. 501684 - 3915 Keele

Ward 8 - North York Spadina

Purpose:

Mr. Austin Shapiro, the current owner of the above noted property, has submitted a request (see attached Schedule "A") to North York Community Council. That request is to remove a landscaping requirement registered on title in 1966 against the above noted lands. That requirement was never fulfilled by the original land owner, a Mr. Benito Barca.

A building permit application (B99-00904) has been submitted by Mr. Shapiro for a small 1-storey addition to the existing building. Amongst other conditions, the building permit will not be released until the landscaping requirements have been met by the applicant. To obtain a building permit, the landscaping requirement must be resolved.

Recommendations:

It is recommended that:

1.That the City of Toronto release Instrument No. 501684 from title;

2.That Legal Services prepare the necessary documentation to release Instrument No. 501684 from title and take what ever actions necessary to do so; and

3.In conjunction with Building Permit application B99-00904, and prior to release of that permit, the owner apply for a minor variance seeking relief from landscaping requirements for this property and any other matters that may require compliance with former City of North York By-law 7625.

Background:

1.0Instrument No. 501684:

Instrument No. 501684 (see attached Schedule "B") was registered on title December 13, 1966. Clauses 1 and 2 of that executed agreement with the Township of North York stipulates:

"(1)That the landscaping on the lands in Schedule "A" hereto shall be in accordance with the plan approved by the Commissioner of Parks and Recreation dated February, 1966 and prepared by V. Kovacevic.

(2)That such landscaping shall be maintained to the satisfaction of the Township."

The landscaping plan referred to in Clause (1) above is attached to Schedule "B" of this report. It is important to note that in 1966 there was no formal site plan approval process and the matter of landscaping was deferred, in this case, to the Commissioner of Parks and Recreation.

If this application was to be considered under today's system, depending on the size and nature of the development, the owner would have to apply for and receive site plan approval prior to issuance of the building permit. The owner may also be required to enter into a site plan agreement that could be registered on title against the lands.

2.0Subject Lands:

The subject lands are located on the east side of Keele Street, south of Finch Avenue West and north of Toro Road (see attached Schedule "C"). The subject lands were developed in the early 1960's for automotive-related uses. That same use is continued on these lands today under new ownership.

The front portion of the property is developed with a twin driveway access, some parking stalls and a landscaped island situated around the base of a pylon advertising sign.

The surrounding and abutting lands on the east side of Keele Street are developed with a variety of commercial and light industrial uses. The front yard areas of older, abutting light industrial properties are developed in a similar manner to the subject lands. The commercial properties, primarily restaurant uses and newer developments, have slightly more enhanced landscaping on their front yard areas. This is consistent with most of the development on the east side of Keele Street in this area. The lands located on the west side of Keele Street, opposite the subject lands, are developed with low and high density residential uses.

3.0Request from Landowner:

The present owner of the property requested the City to release Instrument No. 501684 in October of 1998. A site visit by staff revealed that the landscaping agreed to in the 1966 agreement was not complied with by the original property owner.

The current owner was then advised by the Economic Development, Culture and Tourism Department that conditions required by the former North York Council had not been fulfilled and the agreement could not be released (see attached Schedule "D"). It was recommended by staff that the current owner contact the City Clerk and request to put this matter before North York Community Council for consideration.

4.0Building Permit B99-00904

The present owner has submitted an application for building permit to allow for a small addition to rear of the existing building. The permit will not be released until all requirements of former City of North York By-law 7625 have been complied with, including landscaping requirements.

Comments and Discussion:

5.0Committee of Adjustment Application

The owner of the subject lands has made application to the Committee of Adjustment to seek relief from the certain requirements, including landscaping, imposed under By-law 7625, as amended. The Committee of Adjustment will review the existing treatment of the on site landscaping in relation to the requirements specified under By-law 7625, as amended. The Committee's decision on the matter of landscaping shall be final barring any appeal to the Ontario Municipal Board.

Conclusions:

The new owner is continuing a use that has taken place on the property since 1966. Other properties on this same section of Keele Street have similar basic front yard landscaping as the subject property already in place.

In this situation, it may be considered onerous to require the current owner of the property to complete a landscaping plan that was agreed to in 1966 which is out of character with similar types of uses on lands in the surrounding area.

However, as a result of Building Permit application B99-00904, the applicant will be required, prior to issuance of the building permit, to meet all the appropriate zoning requirements, including landscaping, of former City of North York By-law 7625.

In order to achieve all these requirements, the owner has submitted an application for minor variances asking for relief from some of these requirements, including landscaping. At this stage the matter of assessing treatment of the on site landscaping requirements can be reviewed and addressed accordingly.

Contact Name:

Tim Park, Supervisor,

Land Acquisition and Development Applications

395-0221

Joe HalsteadRob Dolan, MCIP

Commissioner Economic Development, Acting Director

Culture and TourismCommunity Planning, North District