Consent Agreement - Beltline Park -

(North Toronto)

The Toronto Community Council recommends the adoption of the following report (December 28, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

To permit the buildings as constructed and proposed to utilize lands within the abutting Beltline Park for the purposes of calculating limiting distance in order to comply with Section 3.2.3.1 of the Ontario Building Code.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that:

(1) the Commissioner of Economic Development, Culture and Tourism be authorized to issue letters to each of the owners of 117-147 Merton Street and 195-253 Merton Street advising that the City of Toronto has no objection to the respective owners utilizing lands within the abutting Beltline Park for the purposes of calculating the limiting distance from the respective owner's south building wall as required by the Ontario Building Code, Section 3.2.3.1; conditional upon:

(i) the respective owners satisfying any requirements of the Commissioner of Economic Development, Culture and Tourism, including the issuance of an Occupation Permit respecting occupation of any portion of the abutting parklands, including the provision of satisfactory financial security in respect of restoration of the park following construction;

(ii) the respective owners securing any necessary approvals from the City and Council with respect to potential damage and removal of trees in Beltline Park affected by the construction and maintenance of 117-147 Merton Street and 195-253 Merton Street, including the provision of compensation satisfactory to the Commissioner of Economic Development, Culture and Tourism for the loss or damage to any plant material in Beltline Park as a result of these activities; and

(iii) the respective owners ensuring that the maintenance and operation of the buildings, once completed, will not, in anyway, impact or encroach onto the park;

(2) the appropriate City Officials be authorized and directed to take the necessary action to prepare and enter into an agreement respecting the Limiting Distance provisions of the Ontario Building Code Act as described in this report.

Background:

The owner of 117-147 Merton Street is seeking approval for the construction of two residential buildings north of a portion of Beltline Park, known as Beltline Parcel 2. In order to meet the required limiting distance for an exposing building face in accordance with the Ontario Building Code, the owner must secure from the City consent over an area of approximately 228m² (3.0m x 75.9m) of the park immediately to the south of the site.

The owner of 195-253 Merton Street is seeking approval for the construction of three residential buildings north of a portion of Beltline Park, known as Beltline Parcel 3. The owner has provided window openings on the south elevation of the buildings overlooking the park. In order to provide the proposed window openings in accordance with the Ontario Building Code, the owner must secure from the City consent over the park immediately to the south of the site.

The respective owners of both properties are seeking relief from the Ontario Building Code by requesting that the Economic Development, Culture and Tourism Department grant them the right to utilize certain parklands within Beltline Park to meet their required limiting distance (setback requirements).

The purpose of the limiting distance restriction in the Ontario Building Code is to minimize the risk of fire spreading from one building to another. Therefore, the consent, when granted, would preclude the City (or any future owner) from constructing a building within the park, and restrict the purposes for which the parkland may be used for the lifetime of the buildings at 117-147 Merton Street and 195-253 Merton Street.

Comments:

The proposed buildings at 117-147 and 195-253 Merton Street require a greater setback from their rear (south) property lines than they can provide on-site, due to the design of the buildings and the narrow land configurations. The building owners are seeking permission from the City of Toronto to use portions of the abutting Beltline Park in their required setback calculations in order to comply with fire regulations contained within the Ontario Building Code. In order for the proposed development to proceed, the owners and the City are required to enter into an agreement, such that the City would undertake not to build within a prescribed distance of these property lines.

Given these site constraints, staff have no objections to these requests. It is recommended that the Commissioner of Economic Development, Culture and Tourism be authorized to enter into an agreement with the affected property owners stating that the City has no objection to granting these consents for the purpose of satisfying the Ontario Building Code limiting distance requirement with respect to the south building walls of the buildings on these sites. This would be subject to measures being taken to ensure the integrity of the Park is maintained at all times, both during and following construction, and that the owners comply with the conditions outlined in the recommendations of this report.

Conclusions:

Recognizing the special circumstances of the properties at 117-147 and 195-253 Merton Street, it is recommended that the City enter into an agreement that it would undertake not to build within a prescribed distance of the south property lines of these properties, provided that the owners comply with these conditions outlined in this report.

Contact:

Tim Park, Supervisor, Land Acquisition and Development Applications

Tel. 416-395-0221

Fax. 416-395-7886

tpark@toronto.ca