2150 Eglinton Avenue West - Consent Agreement

Arising from a Committee of Adjustment Decision

Ward 28, York Eglinton

The York Community Council recommends the adoption of the following report (February5,1999) 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 the City Clerk be authorized, on behalf of the City, to execute a Consent Agreement with respect to 2150 Eglinton Avenue West, 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 February 2, 1999 regarding application B-4/99YK to grant consent to the severance of the 2150 Eglinton Avenue West into two parcels as follows: Retained lot - Part 1;with a frontage of 31.09m (102 feet) and an area of 1.089.7m² (11,730 ft²) area and Severed lot - Part 2; with a frontage of 17.07m (56 feet) and an area of 598.28m² (6,440 ft²). (see Appendix 1)

The lands are currently vacant but were formerly occupied by a gasoline service station. The owner wishes to convey the easterly portion of the lands Part 2 to the owner of the abutting commercial property at 2120 Eglinton Avenue West. The retained lot - Part 1 is currently the subject of a site plan approval application for construction of eight townhouses each fronting onto Eglinton Avenue West and with a rear year parking space accessed from the abutting public lane connecting Montcalm Avenue and Little Boulevard.

By its decision dated February 2, 1999 the Committee of Adjustment granted provisional consent subject to the following conditions:

For consent approval:

(1)The applicant shall enter into a consent agreement with the City to the satisfaction of the City Solicitor and to be registered on the title of the retained and conveyed lands as follows:

(i)the applicant shall dedicate to the City for municipal services and utilities a 1.5 m wide strip of land, extending across the rear of the retained lot and to be designated as Part 3 on the Registered Reference Plan of survey;

(ii)Prior to the issuance of any building permit, other than a foundation permit, the applicant shall submit to the Chief Building Official or his designate for the City, the following documentation:

(a)a completed Record of Site Condition pursuant to the Ministry of the Environment "Guideline", indicating that the lands are suitable for the intended use for which a building permit application has been made and which shall be acknowledged as a having been received by the Ministry of Environment; and

(b)written confirmation from the Ministry of the Environment that an audit of the Record of Site Condition is not required or, if an audit is required, that the Record of Site Condition passed the audit.

(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)Prior to the issuance of a building permit, the applicant shall contact the Parks and Recreation Department, York Civic Centre, to obtain specific requirements for the tree or trees located within the Eglinton Avenue and/or Montcalm Avenue municipal road allowances.

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 necessary in order for the owner of the subject property to finalize the land severance. The 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, Community Planning, West District

Tel:394-2610Fax:394-2782

(A copy of Appendix 2 the Committee of Adjustment Consent Decision referred to in the foregoing report, was forwarded to all Members of Council with the agenda for the York Community Council meeting of February 17, 1999 and a copy thereof is on file in the Clerk's Division, York Civic Centre.)

APPENDIX 1 - LOCATION MAP