Consent Agreement Arising from a Committee of Adjustment Decision

Consent Application Files: B-20/99 YK to B-32/99YK (To be known as

643 to 655 Caledonia Road and 214 to 220 Bowie Avenue

Ward 28, York Eglinton

The York Community Council recommends the adoption of the following report (May25,1999) from the Director, Community Planning, West District:

Purpose:

To obtain the authority for the Chief Financial Officer & Treasurer and City Clerk, on behalf of the City to enter into a Consent Agreement with respect to the subject property.

Funding Sources, Financial Implication and Impact Statement:

City funding is not required. There are not impacts on capital or operational costs.

Recommendation:

It is recommended that:

(1)the Chief Financial Officer and Treasurer and City Clerk be authorized on behalf of the City, to execute a Consent Agreement with respect to 220 Bowie Avenue, 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 April 27, 1999 regarding applications B-20/99YK to B32/99YK (inclusive) to grant consent to the severance of 220BowieAvenue into 14 lots (parts 1 to 14) and the creation of rights-of-way/easements (part 15 to 24) for pedestrian access between the proposed semi-detached dwellings.(see Exhibit 1) The resulting lots will have a frontage ranging from 4.87 m (16ft) to 7.02m (23ft) and a lot area ranging from 147.7m² (1,590 ft²) to 236.5m² (2,546 ft²). In addition Part 25 is to be conveyed to the City of Toronto as a public lane to provide vehicular access to the garages at the rear of the dwelling lots fronting on Caledonia Road. Part 26 will be created as a 0.305m (1ft) reserve. By-law 51-1999 passed on February 2, 3, and 4, zones the lands to permit the semi-detached dwelling development and the creation of the lots consistent with these consent applications.

The lands are currently occupied by a vacant industrial building, which is to be demolished to make way for the development of 14 semi-detached residential dwellings. A Site Plan Approval application has been filed for the semi-detached development and is nearing approval (see Exhibit2)

By its decision dated April 27, 1999, the Committee of Adjustment granted provisional consent subject to the following conditions:

1.The applicant shall execute a consent agreement for Lands (severed and retained) to the satisfaction of the City Solicitor and to be registered on the title of the lands, to require;

(i)prior to issuance of any building permit, other than demolition permit for the existing building or a foundation permit for any part of the development with respect to the lands, the owner shall submit to the Chief Building Official or his designate for the City:

(a)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 as having been received by the Ministry of the Environment; and

(b)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 Conditions, a letter from the Ministry of the Environment confirming that the Record of Site condition has passed the audit.

(ii)provision of Warning Clauses and implementation of noise and/or vibration measures as necessary to the satisfaction of the Urban Planning and Development Services Department.

(iii)Conveyance of Part 25 for public lane purposes and Part 26 for reserve purposes, to the City.

(iv)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 5% of the total value of the severed lands. For this purpose the value of the lands is to be determined by a qualified appraiser acceptable to the City.

3.The owners must apply for and obtain the necessary certificates of consent form the Deputy Secretary-Treasurer of the Committee of Adjustment within one year from the date of notification of this decision.

A copy of the decision of the Committee of Adjustment is attached as Exhibit 3.

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 necessary in order for the owner of the subject property to finalize the land severance. This agreement is currently being 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 one of the conditions imposed by the Committee of Adjustment for severance of the subject property.

Contact Name:

Lou Moretto,

Manager of Community Planning, West District

York Civic Centre.

Tel:394-2610;Fax:394-2782