June 11, 1999

THE SCARBOROUGH COMMUNITY COUNCIL:

City Council, at its meeting held on October 1 and 2, 1998, by its adoption of Clause No. 29 of Report No. 13 of The Corporate Services Committee (copy attached), headed: "Proposed Lane Closing and Surplus Property Declaration - Unnamed Lane extending North from Esquire Road, Plan 4490, (Ward 14 - Scarborough Wexford)":

(1)directed staff to initiate road closing procedures;

(2)declared this lane to be surplus to the needs of the City; and

(3)directed that public notice be given of the intended closure.

Legal Services Division has given public notice and The Scarborough Community Council is therefore obliged to conduct the Public Meeting under the Municipal Act necessary to give effect to this Council direction; to hear any person who claims that his or her lands will be prejudicially affected by the proposed lane closing; and to forward its recommendations respecting the enactment of the By-law to City Council.

CITY CLERK

Clause embodied in Report No. 13 of the Corporate Services Committee, as adopted by the Council of the City of Toronto at its meeting held on October 1 and 2, 1998.

29

Proposed Lane Closing and Surplus Property

Declaration - Unnamed Lane Extending North

from Esquire Road, Plan 4490

(Ward 14 - Scarborough Wexford)

(City Council on October 1 and 2, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (June25, 1998) from the Commissioner of Corporate Services:

Purpose:

This report recommends that an unimproved lane separating a retail plaza on Victoria Park Avenue from the adjoining residential properties be closed and declared surplus to the needs of the City.

Funding Sources, Financial Implications and Impact Statement:

Not applicable at this time but future sale of these lands will provide revenue to the City.

Recommendations:

It is recommended that:

(1)City Council direct staff to initiate road closing procedures with respect to the unnamed lane extending north from Esquire Road as shown on the attached sketch;

(2)City Council declare the lane to be surplus to the needs of the City;

(3)the Commissioner of Corporate Services be directed to give notice to the public of the lands declared surplus; and

(4)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

The City is the owner of an unimproved nine metre wide lane which extends north from Esquire Road at a point approximately 50m east of Victoria Park Avenue. The lane separates the commercial property located at 2563 Victoria Park Avenue from the side of a house on Esquire Road, and the rear of two houses which front onto Esquire Circle.

In 1997, the City of Scarborough was approached by Morguard Properties Limited, representing the owner of 2563 Victoria Park, to purchase all or part of the lane. Morguard indicated that they wished to acquire the lane in order to widen the existing service laneway and to provide additional parking. Other than a request by Bell Canada for an easement to protect their existing pole line, no City Departments or outside agencies indicated a need for the City to retain the lane.

The Municipal Act, requires a municipality, when proposing to dispose of a road or lane, to first close the road through the process described in the Act.

Comments and/or Discussion and/or Justification:

The lane is designated "Residential Uses" in the Official Plan. The zoning is S - Single Family Residential, with one house permitted per lot on a Registered Plan. The neighbouring properties are situated on lots with frontages much larger than the subject property, and Planning Staff have advised that they would not recommend approval of a variance to permit construction of a single-family house on a thirty foot wide property.

The abutting residential owners have previously expressed concerns respecting the sale of all or a portion of the lane to the owner 2563 Victoria Park Avenue. The concerns are with respect to litter, noise, and pollution which emanate from the existing service lane at the rear of the plaza. Accordingly, it is in order for the staff to discuss, in consultation with the Ward Councillors', with the owner of 2563 Victoria Park Avenue and the owners of the three abutting residential properties the potential sale of the property and the most effective way to mitigate the residents' concerns and report back thereon to the Corporate Services Committee. It is noted that concerns of this nature can also be dealt with through site plan control agreements. If the owners of the plaza were to acquire any part of the lane and proceed to construct additional parking, they would be required to seek an Official Plan amendment and re-zone the property as well as enter into a site plan agreement with the City.

Conclusions:

The lane is not required for municipal purposes, and presents an opportunity to dispose of an unneeded municipal asset, while dealing with the concerns of the abutting owners. Staff will report back on the appropriate disposal of the lane after the discussions with the Ward Councillors and the abutting owners have been completed.

Contact Name:

R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416) 396-4241

rmayr@city.scarborough.on.ca.

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(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the September 14, 1998, agenda of the Corporate Services Committee and a copy thereof is on file in the office of the City Clerk.)