1241 to 2155 Weston Road - Consent Agreement
Arising from a Committee of Adjustment Decision
Ward 27, York Humber
The York Community Council recommends the adoption of the following report (March 23, 1999) from the
Director, Community Planning, West District:
Purpose:
To obtain the authority for the Chief Financial Officer & Treasurer and Clerk, on behalf of the City, to enter into a Consent
Agreement with respect to the subject property.
Funding Sources, Financial Implications and Impact Statement:
City funding is not required. There are no impacts on capital or operation costs.
Recommendation:
It is recommended that:
(1)the Chief Financial Officer & Treasurer and City Clerk be authorized, on behalf of the City, to execute a Consent
Agreement with respect to 1241 to 1255 Weston Road, in the former City of York, such Consent Agreement to be in form
satisfactory to the City Solicitor; and
(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
This matter arises from a Committee of Adjustment decision dated March 16, 1999 regarding applications B-9/99YK to
B-15/99YK (inclusive) to grant consent to the severance of the subject land into eight townhouse lots (parts 1 to 8) having a
frontage of either 4.833 metres (15.85 feet) or 5.598 metres 18.33 feet) and a lot area of either 108.92 m2 (1172.4 ft.2) or
94.42 m2 (1017 ft.2). The creation of rights-of-way/easements (Parts 9 to 16) for vehicular and pedestrian access to a rear
yard parking garage on each lot also forms part of the consent applications. A 3.352 metre (11 feet) wide strip of land
extending across the frontage of the land will be conveyed to the City for roads purposes. (see Appendix 1)
The lands are currently vacant but were formerly occupied by a gasoline service station. The owner wishes to develop eight
freehold townhouses with access to a rear yard attached garage by way of a private driveway accessed from Denarda Street.
By its decision dated March 16, 1999 the Committee of Adjustment granted provisional consent subject to the following
conditions:
1.The owner shall submit to the Chief Building Official or his designate for the City:
(i)a completed "Record of Site Condition" pursuant to the Ministry of the Environment "Guideline", and such Record of
Site Condition shall indicate that the Lands are suitable for residential uses and shall be acknowledged as having been
received by the Ministry of the Environment; and
(ii)a letter from the Ministry of the Environment confirming that the Ministry will not be auditing the Record of Site
Condition, or in the event that the Ministry of the Environment does audit the Record of Site Condition, a letter from the
Ministry of the Environment confirming that the Record of Site Condition has passed the audit, or alternatively,
2.The owner execute a consent agreement for Lands (severed and retained lands) to be to the satisfaction of the City
Solicitor and to be registered on title of the lands, to require:
Prior to the issuance of any building permit, other than a foundation permit, with respect the lands, the owner shall submit
to the Chief Building Official or his designate for the City:
(i)a completed "Record of Site Condition" pursuant to the Ministry of the Environment "Guideline", and such Record of
Site Condition shall indicate that the lands are suitable for the intended use for which a building permit application has
been made and shall be acknowledged a having been received by the Ministry of the Environment; and
(ii)a letter from the Ministry of the Environment confirming that the Ministry will not be auditing the Record of Site
Condition, or in the event that the Ministry of the Environment does audit the Record of Site Condition, a letter from the
Ministry of the Environment confirming that the Record of Site Condition has passed the audit; and
(iii)Any other matters deemed appropriate by the City Solicitor.
(2)The applicant shall pay a levy for parks or other public recreational purposes equivalent to five percent of the total
value of the severed land. For this purpose the value of the land is to be determined by a qualified appraiser acceptable to
the City; and
(3)The owner must apply for and obtain a certificate of consent from the Secretary-Treasurer of the Committee of
Adjustment within one year from the date of notification of this decision.
For application for a building permit:
(1)The applicant shall install a wood privacy fence along the north rear lot line, to the satisfaction of the Urban Planning
and Development Services Department.
A copy of the decision of the Committee of Adjustment is attached as Appendix 2.
Comment:
The condition to enter into a Consent agreement as imposed by the Committee of Adjustment reflects the recommendations
made by the Community Planning Division to the Committee of Adjustment. The entering into the Consent Agreement is
an alternative condition that is necessary in the event that the owner does not submit to the Chief Building Official a
completed "Record of Site Condition" pursuant to the Ministry of the Environment "Guideline", along with a letter from the
Ministry of the Environment as required by condition one, prior to obtaining a certificate of consent from the
Secretary-Treasurer of the Committee of Adjustment. In the event that a consent agreement is necessary in order for the
owner to finalize the land severance, an agreement will be prepared in a form satisfactory to the City Solicitor.
Conclusion:
The entering into and registration of the Consent Agreement against title to the subject property will satisfy the alternate
conditions imposed by the Committee of Adjustment for severance of the subject property, if the owner does not first
submit to the Chief Building Official a completed "Record of Site Condition" pursuant to the Ministry of the Environment
"Guideline", along with a letter from the Ministry of the Environment as required by condition one.
Contact Name:
Lou Moretto,Tel:394-2610
Manager of Community PlanningFax:394-2782
York Office, West District
APPENDIX 1 - Location Map
