The owners of the property at 7 Overlea Boulevard, Invar Building Corporation, have made an application to the Divisional Court to have several conditions of consent, imposed by the Leaside Committee of Adjustment in 1966, including one prohibiting residential uses on the property, declared of no force and effect. The condition is inconsistent with approvals on the property given by the former East York Council in 1997.

The purpose of this report is to request Council to authorize the City Solicitors to consent to the Divisional Court application. In order to avoid the delay of reporting to next month's Community Council meeting, it was decided to walk this report on to the January 21, 1998 meeting.

Recommendation:

It is recommended that the City Solicitor be given authority to consent to the Divisional Court application brought by Invar Building Corporation to delete the four conditions of consent imposed by the Leaside Committee of Adjustment in Decision No. B-11, Hearing No. 9 in 1966, and to take such actions as are necessary to protect the City's interests in that respect.

Background:

On June 9, 1966, the Leaside Committee of Adjustment approved an application by the owners of the property, Canadianwide Properties Ltd., to sever the property from their adjacent holdings. The Committee attached four conditions to the approval:

(1) "that the site and building plans shall be presented to and subject to the approval of this Committee prior to issuance of any building permit;

(2) "the purpose for which this parcel may be used is only as an office building, a bank, a clinic or a public building and uses accessory or incidental to the foregoing, including an eating establishment;

(3) "there is to be no direct vehicular access to Overlea Boulevard; and

(4) "parking, landscaping and fencing to the satisfaction of the Committee".

The severed land was subsequently conveyed to Markborough Properties Limited.

On May 20, 1997, East York Council passed a zoning by-law amendment to permit the existing seven-storey office building on the land to be converted to a residential apartment building with 144 one-bedroom units, and 2,033 m² of commercial floor area on the ground floor. The Official Plan was modified by the Minister of Municipal Affairs to allow residential zoning on the site. Both the Official Plan modification and Zoning By-law Amendment are in full force and effect.

Before a building permit is issued, the East York Building Division is requesting Invar to address the 1966 consent conditions. In response, Invar has applied to Divisional Court for a declaration that the conditions are null and void or of no force and effect. It was determined in discussions with staff and the Solicitors that this would be the most expeditious manner of proceeding.

Comments:

Planning staff and the City Solicitors have reviewed this matter, and agree with Invar's course of action. The use of the property was the subject of a full public consultation resulting in a zoning by-law amendment and official plan modification last year. The 1966 severance conditions are inconsistent with Council's recent planning decisions. This is inappropriate, and the conditions should be deleted.

Conclusions:

Staff are recommending that Council authorize the City Solicitors to consent to the application by Invar.

Contact:

Paul Galvin

Planner, East York Community Office

(416) 778-2043

CCCC

Ms. Yvonne Hamlin, Goodman and Carr, Barristers and Solicitors, appeared before the East York Community Council in connection with the foregoing.