Agreement Required by Ontario Municipal Board -

Dominelli Service Stations Limited - 759 Richmond Street West

(Trinity-Niagara)

The Toronto Community Council recommends the adoption of the following report (October 4, 1999) from the City Solicitor:

Purpose:

To obtain authority for the Clerk and Treasurer to execute a Consent Agreement with Dominelli Service Stations Limited with respect to property located at 759 Richmond Street West. The Consent Agreement is required as a condition of the Ontario Municipal Board's decision regarding this matter.

Funding Sources, Financial Implications and Impact Statement:

Not applicable

Recommendations:

The City Clerk and Treasurer be authorized to sign the Consent Agreement dated September 20, 1999, made between Dominelli Services Stations Limited and the City of Toronto with respect to 759 Richmond Street West and any other documentation necessary to give effect thereto.

Council Reference/Background/History:

Dominelli Service Stations Limited, ("Dominelli"), the owner of the premises known municipally as 759 Richmond Street West (the "Property"), made application to the Committee of Adjustment for consent to sever the Property into two parcels on which Dominelli proposed to build two semi-detached houses together with the necessary variance application. The application was dismissed by the Committee of Adjustment.

Dominelli appealed to the Ontario Municipal Board ("OMB") which allowed the appeal, subject to certain conditions including the execution of a Consent Agreement by Dominelli and the City of Toronto which agreement is to be registered on title.

Comments and/or Discussion and/or Justification:

The Consent Agreement has been prepared to the satisfaction of the City Solicitor and provides for any building constructed on the Property to have a depth of not longer than 12.4 metres and for Dominelli to provide damage security in the amount of $10,000.00.The Consent Agreement has been executed by Dominelli and a Letter of Credit has been received to guarantee the obligations of the Consent Agreement and therefore, it would be appropriate for the City Clerk and City Treasurer to execute the Consent Agreement.

Conclusions:

The Consent Agreement, prepared to the satisfaction of the City Solicitor, could now be executed by the City Clerk and City Treasurer.

Contact Name:

Anna Kinastowski, Director

Planning and Administrative Tribunal Law

(416) 392-0080

(416)397-4420 Fax number