(from its meeting on February 18, 1999,

1

Sign By-law Variance Request -

Purpose:

Evaluate and make recommendations regarding a request by Dominic Rotundo of Neon Products, for a variance from the Sign By-law to permit a 110 sq.ft. ground sign to replace the existing sign at Seneca College, Newham Campus at the above noted location. Refer to attachments for details.

Recommendation:

It is recommended that the request for a minor variance from the Sign By-law be approved.

Council Reference/Background/History:

Dominic Rotundo is requesting permission to erect a ground sign at the above noted location. The property is zoned Open Space (O3) and the sign by-law limits the area of a ground sign for a school in an open space zone to 25.8 sq.ft.. Therefore, the variance is required to increase the permitted sign area to 110 sq.ft. .

The existing sign is approximately the same size as the proposed sign and appears to be a legally non-conforming sign. The proposed ground sign is 110 sq.ft. in area and would include a 16 sq.ft. electronic message centre to advertise College events and attractions at the Minkler Auditorium. The sign would be erected at the same location as the existing sign and would have little impact on neighbouring residential areas. The sign would face the east/west traffic flow on Finch Avenue.

The Ward Councillors have been notified of this request and have been provided with a copy of this report and attached plans.

Conclusions:

It is the opinion of this Department that the proposed ground sign would not have a negative impact on the surrounding areas and is in fact an improvement in appearance from the existing sign. Furthermore, the proposed size of the new ground sign would be acceptable in relation to the large size of the campus and the community uses therein. Based on the above, it is determined that the sign would meet the intent of the Sign By-law and the minor variance be approved.

Contact Name:

Magda Ishak P.Eng. Tel: (416) 395-7555

Manager Plan Review Fax: (416) 395-7589

2

Sewer and Water Connection Charges -

The North York Community Council also reports having requested the Commissioner of Works and Emergency Services to:

Purpose:

The purpose of this report is to establish rates to install standard residential sewer and water connections. A standard residential connection will be installed on all former City of North York road allowances located in District 3.

Background:

Two (2) Tenders were called for the installation of service connections in District 3. One Tender established Contractor’s unit rates for the installation of service connections east of Yonge Street and the other Tender west of Yonge Street. Flat rates for the installation of 19 mm water services, 25 mm water services, sewer connections, water service disconnections and sanitary sewer disconnections were established for District 3 using the Contractor’s unit rates.

In the case of sewers, the standard connection shall have a depth of not more than 2.75 metres at the street line. Where a request is made for a sewer connection deeper than 2.75 metres, the connection shall be tendered with the applicant paying the full cost, except for those connections to existing houses that must be deep because of ground contours. In accordance with the former City of North York Council direction, the standard residential sanitary sewer connection rate shall also apply to existing houses fronting on former Metropolitan Toronto roads, on which no new buildings are being erected and the property has been assessed for the sanitary sewer.

Based on the rates established under Contracts No. NY9884WS and NY9885WS effective the date of Council approval, it is recommended that the charges be set as follows:

Residential Water Connection (including meter)

Residential Water Service Disconnection (25 mm and smaller) $ 180.00

Residential Sewer Service Disconnection (150 mm and smaller)

The charge for industrial - commercial and non-standard residential sewer and water connections, including residential lots created by land division, subdivision or rezoning, will be the actual cost, plus 10 percent overhead, plus a repaving charge, plus a supervision and inspection charge, water meters and building water rates (where applicable).

Whenever a property owner develops or constructs a new building unit on a property, the property owner/applicant be charged building water rates on a flat rate of $1.28 for every $1,000.00 of building value. This will entitle the owner/applicant the use of unmetered water during the construction process.

Funding Sources, Financial Implications and Impact Statement:

The program, structured as a user pay, has no financial implications to the City.

Recommendation:

It is recommended that the rates as described above be executed by the City.

Comments:

The procedure for establishing flat rates for service connections in District 3 will remain the same as that which established the rates for the former City of North York. The Water and Wastewater Services Division will standardize the procedure of water and sewer servicing as well as standardize the fee structure to applicants prior to the issuance of contracts for the 2000 contract year.

Conclusion:

This report requests authority to charge water and sewer connection and disconnection rates, as described above, for District 3 in 1999.

Contact Name:

F. Trinchini, P. Eng.,

Manager, Installation and Rehabilitation Projects

Tel. No. 416-395-6284

Fax. No. 416-395-6200

3

Application for Part Lot Control Exemption UD54-98-13-REL -

Purpose:

The purpose of this application is to request exemption from part lot control in order that 14 townhouse units may be conveyed into separate ownership.

Recommendations:

It is recommended that:

Comments:

The lands were the subject of zoning amendment application UDZ-96-34 which was approved by Council on July 9, 1997. Implementing By-law No. 33106, which was enacted October 6, 1997, permits the redevelopment of the lands subject to specific zoning regulations. The development consists of 2 townhouse buildings containing a total of 14 two to three storey townhouse units with grade level "Home Business" uses. The site plan was approved on October 1, 1997 under application number UDSP-97-184.

The release of part lot control would permit the conveyance of each townhouse unit. As required by policy, the agreement that the developer guarantees that the owners of property and their successors in title will be responsible for the construction, maintenance and repair of the mutual common driveway and that the City will not be required to assume such services at any time in the future is in the process of being finalized. The applicant has submitted the required letter of undertaking that the City will be advised upon the sale or transfer of the last parcel of land in order that the exempting by-law may be revoked.

Conclusions:

This application is consistent with the City’s part lot control exemption policy, the undertaking is in place and the agreement is being finalized with the City’s Legal Department. The issues regarding this development have been reviewed and all matters of concern to the City, for the development of the subject lands, are covered by the conditions of site plan approval and the requirements of Zoning By-law No. 7625.

Contact Name:

Chris Foster, Technician

Phone: 395-7135

________

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

4

Committees - Committee of Adjustment - UDCA-98-556 -

Purpose:

The Legal Division is requesting further instructions from Council in respect to the above-noted appeal.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable

Recommendation:

It is recommended that Council direct the City Solicitor to settle the above-noted appeal.

Council Reference/Background/History:

The owner of 5 Queenslea Avenue sought the permission of the Committee of Adjustment for a variance from the provisions of North York By-law No. 7625 to permit a private school and students residence to be operated in an existing building that was formerly used as and specifically zoned for a nurses residence. While the school is a permitted use, the residence is not currently permitted.

By its Decision dated September 3, 1998, the Committee of Adjustment refused the owner’s application. The owner appealed that Decision to the Ontario Municipal Board.

At its meeting held on December 16 and 17, 1998, City Council adopted a motion directing the City Solicitor to appear at the Ontario Municipal Board to defend the Committee of Adjustment’s Decision and authorizing the City Solicitor to retain professional staff as deemed necessary externally for the Ontario Municipal Board hearing.

Through the efforts of Councillor Sgro’s offices, all parties have, in principle, agreed to settle the appeal on the basis that the use be permitted with certain conditions of approval attached, which conditions are acceptable to the proponent, the area residents and the local Councillor.

Should Council determine that the settlement is appropriate, the OMB will convene a teleconference to dispose of this matter on the basis set out above.

Conclusions:

That the settlement as set out above is appropriate.

Contact Name:

Irvin M. Shachter

Solicitor

Legal Division

Corporate Services Department

Tel. No. (416) 392-1219

Fax No. (416) 392-0005

5

Feasibility Study -

Purpose:

This report will provide the North York Community Council with an update on the progress of the Yorkwoods feasibility study. The study, to be conducted by Economic Development, Culture and Tourism Department staff, with input from the local Councillors and community stakeholders, will determine the future use of the existing building and property.

Source of Funds:

As previously reported to the North York Community Council, $80,000.00 was approved in the 1998 Capital Budget to demolish the existing building. At the previous Community Council Meeting, a motion was passed by Council directing the Commissioner of Economic Development, Culture & Tourism Department, Parks and Recreation Division to commission a study to determine the future use of the building and property, at a cost not to exceed $30,000.00. The majority of the elements in this feasibility study will be conducted internally by staff. An outside firm will be required to do an analysis of the facility’s interior, based on the recommendations. The Department estimates that this cost approximates $10,000.00.

Recommendations:

It is recommended that:

Background:

On November 11, 1998, a meeting was convened at Yorkwoods Gate Community Centre to make presentations to the community, its agencies and user groups regarding the conducting of a feasibility study in the Yorkwoods area, to determine the future viability/use of this property.

Those in attendance were as follows: Councillor Peter Li Preti; Rick Morrelli - Executive Assistant to Councillor Maria Augimeri; M.P.P. Mario Sergio; staff from North District Parks and Recreation; representatives from several community permit user groups; and residents of the local community. Councillor Li Preti made a presentation to the effect that there is still insufficient community space in this area, and he had requested $30,000.00 of the $80,000.00 set aside for demolition and creating a new park area be reallocated to conducting a feasibility study on the future of this property. A motion was made to conduct a feasibility study and the motion carried by a vote of 26-1, with 12 participants abstaining from the vote.

Based on the results of this public meeting, a recommendation was made to Community Council by the Department at its December 9-10, 1998 meeting, to have $30,000.00 reallocated for a feasibility study, to be conducted by the North York Race and Ethic Relations Committee. Council discussed the recommendation, and a motion was moved by Councillor Peter Li Preti and subsequently approved with the following amendments:

Council also conveyed the message that a competitive process be put in place to select a consultant to conduct the study, if the study could not be completed by the Department.

Park land is at a premium in the Yorkwoods residential community; there is deficiency in open space by 5.81 hectares. In addition, the Yorkwoods facility in its current state is unacceptable for recreation use or other use by community agencies. The architectural assessment completed by J. and R. Engineering indicated that the building requires $198,600.00 of remedial work to make it usable (i.e. Recreation usable).

Comments:

Status Update:

Conclusions:

A feasibility study on the future of the Yorkwoods Community Centre will be conducted by staff, based on the terms of reference developed in consultation with the two local Councillors and the community. The study will also establish a business plan for the building and the impact to the surrounding community, as a result of recommendations put forth. It is anticipated that the study, at a cost of $10,000.00, will be completed by June 1999.

Contact Name:

Jim Bradley

Director of Parks and Recreation -North District

E-mail: jbradley@city.north-york.on.ca

________

(A copy of Appendix A referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

6

Sign By-law Variance Request - Roof Signage -

Purpose:

Evaluate and make recommendations concerning a request by Mr. Melvin Winch, for a variance from the sign by-law to permit the erection of an illuminated, third party, 10 foot by 16 foot two sided billboard sign on the roof of an existing two storey residential and commercial building.

Recommendation:

It is recommended that the request for a variance from the sign by-law be refused.

Council Reference/Background/History:

The building on which the sign is proposed is located in a commercial zone (C1) (see attached site plan). The building fronts onto Bathurst Street and the proposed sign would face north and south along Bathurst Street. The subject building is not located in a residential zone, however the uses of the buildings surrounding the proposed sign are all similar to each other, with ground floor commercial uses and residential apartments on the second storey. Directly to the east of the proposed sign are single family residences in R6 and R3 zones.

If approved and constructed the sign would be situated approximately forty-five feet (45') from the existing commercial/residential building to the north and one hundred twenty-five feet (125') from the existing commercial/residential building to the south. The sign would also directly face the residential apartments on the west side of Bathurst Street.

The variance sought is from Sentence 5.2.1.1 of the sign by-law, which requires that roof signs be located not less than five hundred feet (500') from another roof sign. Currently there is an existing roof sign located approximately four hundred and thirty-five feet (435') south of this proposed sign at the north-east corner of Bathurst Street and Southbourne Avenue.

Consideration should also be given to Section 3.8.2 of the sign by-law which does not allow illuminated signs to adversely affect residential premises in a residential zone where the premises are located within one hundred and fifteen feet (115') of a sign. In this case, Section 3.8.2, does not strictly apply due to the area being zoned commercial, however the principle in Section 3.8.2 should be given some consideration.

In addition, the height of the proposed sign approximately forty feet above grade would make it clearly visible for a significant distance into the surrounding residential streets. The Ward Councillors have been notified of this request and provided with a copy of the report and attached plans, drawings or pictures.

Conclusions:

It is the opinion of this department that the proposed sign could have a negative impact on the adjacent residential zone and residential apartments. The proposed sign does not meet the intent of the sign by-law to protect residential premises from signage, and the proposed variance is not minor in nature when viewed in context with the nature and uses in the area.

________

Mr. Mel Winch, Winch Planning and Development Services, appeared before the North York Community Council in connection with the foregoing matter.

(A copy of the plans, drawings and pictures referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

7

Appeal of Street Vending Permit Application No. 113 -

Purpose:

To consider an appeal of the Transportation Division’s refusal of an application by Mr. Pietro Scalise for a street vending permit to sell hot dogs and sausages on the east side of Banbury Road, 77 metres north of York Mills Road, adjacent to the Etienne Brule Secondary School.

Source of funds:

There are no costs associated with this application.

Recommendations:

That the applicant’s appeal of the decision to refuse the application, not be supported.

Council Reference/Background/History:

The current application was submitted on October 7, 1998, despite staff of the Transportation Services notifying the applicant that previous applications had been refused.

Staff met on site with the applicant’s representative where it was determined that there is sufficient space within the municipal boulevard to accommodate the placement of a hot dog vending cart. The proposed location is located on the east side of Banbury Road, 77 metres north of York Mills Road. The location of the vending operation would not create a pedestrian impediment or sight obstruction.

Comments and/or Discussion and/or Justification:

In accordance with By-law No. 32100, of the former City of North York, the Public Health Department, Road Operations, the local Councillors and Etienne Brule Secondary School were solicited for comments regarding this application.

The Public Health Department and Roads Operations have indicated that they have no objection to the issuance of a permit. No comments have been received by this division from the administration of the Etienne Brule Secondary School.

Councillor Joanne Flint has advised the Transportation Division that her office is unable to support the granting of a permit at the above location as this application is essentially the same as a previous application, which was refused in March of 1995. There have also been several other applications in the general area which have been refused.

Councillor Milton Berger has advised this division that he concurs with Councillor Joanne Flint’s comments regarding the refusal of the application.

Conclusions:

In accordance with By-Law No. 32100, of the former City of North York, staff processed the application for comments as required. In light of the Councillors’ objections, the Transportation Division refused the application.

Contact Name:

Allen Pinkerton, Manager of Traffic Operations - District 3

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

________

Mr. Michael Doyle, Solicitor on behalf of the applicant, appeared before the North York Community Council in connection with the foregoing matter, and requested a deferral of this matter in order to consult further with the principals of the schools situated in close proximity to the proposed location of the vending cart.

8

Sign By-law Variance Request - Skyview Outdoor -

Purpose:

Evaluate and make recommendations pertaining to a request by Allen Grossman, for a variance from the sign by-law to permit the construction of an illuminated third party 10 foot by 20 foot billboard sign on the roof of an existing 3 storey commercial building in an residential RM 4 zone.

Recommendation:

It is recommended that the request for a variance from the sign by-law be refused.

Council Reference/Background/History:

The building on which the sign is contemplated is located in a RM4 residential zone (see attached site plan), on the southeast corner of Avenue Road and Wilson Avenue. The proposed sign would face north and south and be visible along Avenue Road.

The subject building is commercial in use, but is situated in a residential zone, and is located approximately eighty feet from a three storey residential building to the south on Avenue Road, with a RM4 zoning designation. The area surrounding the proposed sign is divergent in use, with a high-rise residential on the northwest corner, commercial and four storey residential on the northeast corner, and commercial and residential uses on the southwest corner.

Section 5.1 of the sign by-law does not permit the erection of roof signs in a residential zone.

Considering this building is located in a residential zone and is in close proximity to areas of residential use, particularly to the south, the intent of the sign by-law to safeguard residential areas from signage would be compromised.

In addition, the height of the proposed sign approximately 50 feet above grade would make it visible for a significant distance into the surrounding residential area. The Ward Councillors have been notified of this request and provided with a copy of the report and attached plans, drawings or pictures.

Conclusions:

It is the opinion of this department that permitting a third party billboard roof sign in a residential zone is not a minor variance from the requirements of the sign by-law. Further, the proposed sign would have negative consequence on the existing residential neighbourhood since it would be visible from the surrounding residential neighbourhood.

In general, the approval of roof signs in residential zones compromises the integrity of the sign by-law, and could facilitate the proliferation of roof signs within similar area of residential use.

________

Mr. Sal Vitiello appeared before the North York Community Council in connection with the foregoing matter.

A recorded vote on the recommendation moved by Councillor Berger, North York Centre South, to approve the request for a variance from the sign by-law, was as follows:

Carried

(A copy of the plans, drawings and pictures referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

9

Deeming By-law No. 33158 - Lots in the East Willowdale

Purpose:

On October 6, 1997, the Council of the former City of North York passed a Deeming By-law for lots in the East Willowdale neighbourhood. One request for a hearing was received at that time. The Planning Act requires that a hearing be provided, but to date no arrangement for that hearing has been made. It is appropriate to deal with this request at the same time as the requests for a hearing for the Woburn Bedford Park Deeming By-law (728-1998) . North York Community Council should recommend that City Council confirm, amend, or repeal By-law 33158.

Recommendation:

It is recommended that this report be received for information.

The purpose of a Deeming By-law is to prevent the splitting up of land in a manner that Council determines is inappropriate. No report is provided and no notice is given prior to the passage of the by-law. All public involvement occurs after the Deeming By-law is passed.

Paul Kromer on behalf of his daughter who owns 345 and 347 Hollywood Avenue requested that he be allowed to speak to Council on this matter. The location of the property that is the subject of the request is identified as the Request Site on the map attached as Schedule A. The letter requesting a hearing is attached as Schedule B.

Contact Name:

David Douglas

Telephone: (416) 395-7136

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

————

The North York Community Council reports having had before it a communication (February 15, 1999) from Mr. Hessie Rimon, President, PMG Planning Consultants, requesting the opportunity to address the North York Community Council on behalf of Mr. Paul Kromer, regarding 345 and 357 Hollywood Avenue.

Mr. Hessie Rimon, PMG Planning Consultants, appeared before the North York Community Council in connection with the foregoing matter on behalf of the property owner of 345 and 347 Hollywood Avenue and requested that these lands be exempted from By-law No. 33158.

10

Request to Waive Building Permit Fees -

Purpose:

Evaluate and comment on a request received from Councillor Flint, to waive the permit fee for the erection of a temporary tent, for the "Backs in Motion" event sponsored by the Canadian Memorial Chiropractic College.

Recommendations:

The Building Division advises that:

Council Reference/Background/History:

In 1998, North York Community Council approved a request from Councillor Flint to waive the permit fee to erect a temporary tent, for the "Backs in Motion" event that is held annually in Sunnybrook Park.

Conclusions:

This Department recommends the approval of the request from Councillor Flint, to waive the permit fee for the erection of a temporary tent for this years "Backs in Motion" event, by the North York Community Council.

________

The North York Community Council reports having had before it a memorandum (February 8, 1999) from Councillor Flint, North York Centre South, forwarding a communication (January 13, 1999) from Ms. Sharon Lee, Special Events Coordinator, Canadian Memorial Chiropractic College, requesting that the building permit fees for the temporary tent for this annual fundraising event, be waived.

11

Renumbering of Residential Property and

The North York Community Council reports having had before it a communication (February 10, 1999) from Mr. Vito N. Liotino, advising of his opposition to the planning fee charged for renumbering a residential property.

A recorded vote on the recommendation moved by Councillor Feldman, North York Spadina, was as follows:

Carried

12

Committee of Adjustment UDCA-98-547 - Toronto French School -

WHEREAS on September 17, 1998, the North York Committee of Adjustment refused a variance requested by the owner of 294 Lawrence Avenue East to permit a portion of the existing dwelling located in lands zoned G (Greenbelt) to be used as a school; and

WHEREAS this was an unanimous decision by the Committee members; and

WHEREAS the applicant has appealed the Committee of Adjustment decision to the Ontario Municipal Board; and

WHEREAS a hearing date has been set for 10:00 a.m., Monday, March 8, 1999; and

WHEREAS there is a great community interest and significance in this application;

THEREFORE BE IT RESOLVED THAT the City retain the services of a planning consultant to defend the Committee of Adjustment decision at the Ontario Municipal Board at a maximum cost of $5,000.00 to be provided from the Corporate Contingency Account.

13

Other Items Considered by the Community Council

Carried

Carried

Respectfully submitted,

MILTON BERGER

Chair

Toronto, February 18, 1999