North York Community Council received the presentation on the "City's Live Green Toronto Program".

A staff presentation was made by Lawson Oates, Director, Toronto Environment Office, who also filed a fact sheet about the program.

North York Community Council:

1.         Approved the Encroachment application, subject to the following conditions:

a.         that the owner enter into an Encroachment Agreement with the City, to the satisfaction of the City Solicitor and the Executive Director of Municipal Licensing and Standards;

b.         that the appropriate City Officials be authorized to take the necessary action to give effect thereto;

c.         that no claims will be made against the City by the owner for damages occurring to the area of the encroachment or its elements during snow removal;

d.         the indemnification to the City by the owner of the encroachment for all liability relating in any way to the encroachment and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the City Solicitor, in an amount no less than $2,000,000.00 or such greater amount as the City Solicitor may require;

e.         that the life of the Agreement be limited from the date of registration on title or to the date of removal of the encroachment;

f.          in the event of sale or transfer of the property abutting the encroachment, Legal Services be authorized to extend the Encroachment Agreement to the new owner, subject to the approval of the Executive Director of Municipal Licensing and Standards; and

g.         the owner pay all applicable fees.

North York Community Council:

1.         Approved the Encroachment application, subject to the following conditions:

a.         that the owner enter into an Encroachment Agreement with the City, to the satisfaction of the City Solicitor and the Executive Director of Municipal Licensing and Standards;

b.         that the appropriate City Officials be authorized to take the necessary action to give effect thereto;

c.         that no claims will be made against the City by the owner for damages occurring to the area of the encroachment or its elements during snow removal;

d.         the indemnification to the City by the owner of the encroachment for all liability relating in any way to the encroachment and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the City Solicitor, in an amount no less than $2,000,000.00 or such greater amount as the City Solicitor may require;

e.         that the life of the Agreement be limited from the date of registration on title or to the date of removal of the encroachment;

f.          in the event of sale or transfer of the property abutting the encroachment, Legal Services be authorized to extend the Encroachment Agreement to the new owner, subject to the approval of the Executive Director of Municipal Licensing and Standards; and

g.         the owner pay all applicable fees.

North York Community Council deferred consideration of the report (March 9, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its next meeting on April 21, 2009.

North York Community Council:

1.         Approved the Encroachment application, subject to the following conditions:

a.         that the owner enter into an Encroachment Agreement with the City, to the satisfaction of the City Solicitor and the Executive Director of Municipal Licensing and Standards;

b.         that the appropriate City Officials be authorized to take the necessary action to give effect thereto;

c.         that no claims will be made against the City by the owner for damages occurring to the area of the encroachment or its elements during snow removal;

d.         the indemnification to the City by the owner of the encroachment for all liability relating in any way to the encroachment and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the City Solicitor, in an amount no less than $2,000,000.00 or such greater amount as the City Solicitor may require;

e.         that the life of the Agreement be limited from the date of registration on title or to the date of removal of the encroachment;

f.          in the event of sale or transfer of the property abutting the encroachment, Legal Services be authorized to extend the Encroachment Agreement to the new owner, subject to the approval of the Executive Director of Municipal Licensing and Standards;

g.         the owner pay all applicable fees; and

h.         the Encroachment Agreement be registered on title.

North York Community Council:

1.         Did not grant the fence exemption request for 408 Glencairn Avenue.

2.         Directed that the existing pool fence comply with the requirements of the Fence By-law.

North York Community Council:

1.         Deferred consideration of the report (June 16, 2008) from the District Manager, Municipal Licensing and Standards, North York District, to its meeting on June 9, 2009, to allow the applicant to undertake the necessary work on this site, as requested by City Staff.

2.         Directed that the pool be left empty and not be filled until this matter has been resolved by the North York Community Council at its meeting on June 9, 2009.

3.         Directed that since this matter has been deferred to the North York Community Council meeting on June 9, 2009, that no further deferrals be granted at that time.

This staff report is about a matter that the Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City policy or by-laws.

The purpose of this report is to consider a request by the owner(s) of 27 Alderbrook Drive, to be exempted from Chapter 447 – Fences, section 447-2(B).  This section states that the maximum height of a fence in the rear yard is 2 metres.

The existing fencing in the side and rear yard is on the south side of the property and consists of different sections. The wood fence sections range in height up to 2.6 metres and extend for approximately 40.2 metres to the front face of the house/garage. The concrete wall which is erected beside the property line and serves as part of the pool enclosure, ranges in height up to 3.5 metres and is approximately 8.7 metres in length.

North York Community Council:

1.         Deferred consideration of the report (January 12, 2008) from the District Manager, Municipal Licensing and Standards, North York District, to its meeting on June 9, 2009.

2.         Requested the District Manager, Municipal Licensing and Standards, North York District, to report to the North York Community Council meeting on June 9, 2009, on other front yard fences with gates, similar to the one subject of this application, that have been approved or require an exemption to the Fence By-law.

North York Community Council:

1.         Did not grant the fence exemption request for 388 Drewry Avenue.

North York Community Council deferred consideration of the report (October 1, 2008) from the Director and Deputy Chief Building Official, Toronto Building, North York District, pending City Council’s approval of the harmonized Sign By-law.

North York Community Council deferred consideration of the report (March 10, 2009) from the Director and Deputy Chief Building Official, Toronto Building, North York District, to its meeting on May 14, 2009, to allow City Staff to meet with the applicant to determine if a compromise position can be agreed to by all parties.

North York Community Council:

1.         Approved the request for the variances listed in the third column of the table included in page 3 of the report (February 25, 2009) from the Director of Building and Deputy Chief Building Official, with a condition that the ground mounted signs illumination be on a timer to be turned off daily at 1:00 a.m.

2.         Directed that the applicant be advised of the requirement to obtain the necessary sign permits from the Chief Building Official.

North York Community Council recommends that:

1.         City Council exempt the applicant from the former City of North York Zoning By-law 7625 requirement of eight (8) parking spaces, subject to payment in-lieu for four (4) parking spaces, and an on-site provision of four (4) parking spaces.

2.         City Council require the applicant to enter into an agreement with the City of Toronto for the payment in-lieu of four (4) parking spaces, based upon the proposed gross floor area (GFA), which in this case amounts to $10,000.00.

North York Community Council recommends that:

1.         City Council exempt the applicant from the former City of North York Zoning By-law 7625 requirement of 7 parking spaces, subject to payment-in-lieu for 2 parking spaces.

2.         City Council require the applicant to enter into an agreement with the City of Toronto for the payment-in-lieu of 2 parking spaces, based upon the proposed gross floor area (GFA), which in this case amounts to $5,000.00.

North York Community Council recommends that:

1.         City Council receive the report (February 26, 2009) from the Director, Transportation Services Division, North York District.

North York Community Council recommends that:

1.         City Council direct that the 60 km/h speed limit on Wilson Avenue between Wilson Heights Boulevard and Dufferin Street, be deleted.

North York Community Council:

1.         Amended Schedule VIII of By-law 31001, of the former City of North York, by deleting the “No Parking, 8:00 a.m. to 6:00 p.m., Monday to Friday” prohibitions both sides of Shermount Avenue from the northerly limit of Viewmount Avenue to the southerly limit of Glen Park Avenue.

2.         Amended Schedule VIII of By-law 31001, of the former City of North York, to prohibit “No Parking, 8:00 a.m. to 6:00 p.m., Monday to Friday” prohibitions on the east side of Shermount Avenue from Viewmount Avenue to Glen Park Avenue.

3.         Amended Schedule VIII of By-law 31001, of the former City of North York, to prohibit parking at anytime on the west side of Shermount Avenue from Hillmount Avenue to Glen Park Avenue.

4.         Amended Schedule VIII of By-law 31001, of the former City of North York, to prohibit “No Parking, 8:00 a.m. to 6:00 p.m., Monday to Friday” prohibitions on the west side of Shermount Avenue from Viewmount Avenue to Hillmount Avenue.

North York Community Council:

1.         Directed the City’s Legal Division to introduce in North York Community Council the appropriate “Road Alterations By-Law” to permit the reconfiguration of the intersection as illustrated on Transportation Services, Plan NY-1722 (Attachment 2) to the report (March 2, 2009) from the Director, Transportation Services Division, North York District.

North York Community Council:

1.         Amended Schedule VIII of By-law 31001, of the former City of North York, by deleting the No Parking, 8:00 a.m. to 6:00 p.m., Monday to Friday, prohibition on the south side of Melrose Avenue, from a point 30 metres west of the westerly limit of Avenue Road to the easterly limit of Grey Road.

2.         Amended Schedule VIII of By-law 31001, of the former City of North York, by installing 8:00 a.m. to 6:00 p.m., Monday to Friday, prohibition on the south side of Melrose Avenue, from a point 30 metres west of Avenue Road to a point 55 metres west thereof.

3.         Amended Schedule VIII of By-law 31001, of the former City of North York, by installing 8:00 a.m. to 6:00 p.m., Monday to Friday prohibition, on the south side of Melrose Avenue, from a point 94 metres west of Avenue Road to Grey Road.

4.         Amended Schedule X of By-law 31001, of the former City of North York, by installing 10 minute permitted parking, from 8:00 a.m. to 6:00 p.m., restriction on the south side of Melrose Avenue from a point 55 metres west of Avenue Road to a point 39 metres west thereof.

North York Community Council recommends that:

1.         City Council direct that eastbound left turns from the private driveway at the intersection of Mount Pleasant Road and Elvina Gardens be prohibited at anytime.

2.         City Council direct that eastbound through movements from the private driveway at the intersection of Mount Pleasant Road and Elvina Gardens be prohibited at anytime.

3.         City Council direct that entry be prohibited at anytime to the private driveway on the south side of Erskine Avenue located 20 metres west of Mount Pleasant Road.

North York Community Council:

1.         Directed the City Clerk to undertake a poll of the residents of Glenvale Boulevard, from Bayview Avenue to Laird Drive regarding the installation of traffic calming measures (speed humps) as per Attachment 2 to determine resident support, in accordance with the City of Toronto Traffic Calming Policy.

2.         Directed the City Clerk to undertake a poll of the residents of Broadway Avenue, from Bessborough Drive to Don Avon Drive regarding the installation of traffic calming measures (speed humps) as per Attachment 3 to determine resident support, in accordance with the City of Toronto Traffic Calming Policy.

3.         Directed that subject to a favourable poll:

a.         a road alteration by-law be prepared for Glenvale Boulevard, from Bayview Avenue to Laird Drive for traffic calming purposes generally as shown on the speed hump plan circulated to the residents;

b.         a road alteration by-law be prepared for Broadway Avenue, from Bessborough Drive to Don Avon Drive for traffic calming purposes generally as shown on the speed hump plan circulated to the residents;

c.         the speed limit be reduced from 40 km/h to 30 km/h on Glenvale Boulevard, from Bayview Avenue to Laird Drive, coincident with the implementation of the speed humps; and

d.         the speed limit be reduced from 40 km/h to 30 km/h on Broadway Avenue, from Bessborough Drive to Don Avon Drive, coincident with the implementation of the speed humps.

This staff report is about a matter that the Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City policy or by-laws.

The purpose of this staff report is to obtain approval to request the City Clerk to poll the residents of Glenvale Boulevard, from Bayview Avenue to Laird Drive and Broadway Avenue, from Bessborough Drive to Don Avon Drive, regarding the installation of traffic calming measures (speed humps as per Attachments 2 and 3), in order to determine the feasibility of installing traffic calming measures (speed humps) on Glenvale Boulevard and Broadway Avenue.

The installation of traffic calming measures would result in reduction in vehicle speeds along the subject sections of Glenvale Boulevard and Broadway Avenue.

North York Community Council:

1.         Amended By-law 31878, of the former City of North York, to delete the existing 40 km/h speed limit on Pinto Drive from the easterly limit of Edmonton Drive/Chipwood Crescent (west leg) to the easterly limit of the east leg of Chipwood Crescent.

2.         Amended By-law 31878, of the former City of North York, to install a 40 km/h speed limit zone on Pinto Drive from Edmonton Drive/Chipwood Crescent (west leg) to Cherokee Boulevard.

North York Community Council recommends that:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out below as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 1075-1095 Leslie Street.

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

To obtain Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

North York Community Council recommends that:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below, as a fire route pursuant to Municipal Code Chapter 880 - Fire Routes - 939 Lawrence Ave. E. (Part B).

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

North York Community Council recommends that:

1.         City Council approve the renaming of the Flemingdon Arena located at 165 Grenoble Dr, near Don Mills and Eglinton Ave. W., to the Angela James Arena in Flemingdon Park in accordance with the criteria outlined in the Naming and Renaming for Parks and Recreation Facilities and Parks Policy.

North York Community Council recommends that:

1.         City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the request for an extension of an existing liquor licence, from Harmik Ghalustians, Manager, Armenian Community Centre, for the 13^th Annual ACC (Armenian Community Centre) Summerfest, an outdoor function, to be held on Friday, July 10, 2009 from 5:00 p.m. to 2:00 a.m.; Saturday, July 11, 2009 from 4:00 p.m. to 2:00 a.m.; and Sunday, July 12, 2009 from 5:00 p.m. to 1:00 a.m., at 50 Hallcrown Place, which has been designated by the North York Community Council as an event of municipal significance.

North York Community Council, for liquor licensing purposes, declared the following to be an event of Municipal Significance:

a.         The 13th Annual ACC (Armenian Community Centre) Summerfest to be held on Friday, July 10, 2009 from 5:00 p.m. to 2:00 a.m.; Saturday, July 11, 2009 from 4:00 p.m. to 2:00 a.m.; and Sunday, July 12, 2009 from 5:00 p.m. to 1:00 a.m., at 50 Hallcrown Place.

North York Community Council recommends that:

1.         City Council pass an assumption by-law to assume the municipal services in Subdivision Plan 66M-2382.

2.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

This report recommends that the municipal services installed under the terms of the Subdivision Agreement for Plan 66M-2382, between Metrodome Properties Inc. and the City of Toronto are in the required condition to be assumed by the City.

North York Community Council recommends that:

1.         City Council direct the appropriate staff within the City, in commenting upon development applications involving mutual access and servicing arrangements, to ensure that the applicant demonstrate the existence of an agreement providing for the shared access/servicing arrangements and future maintenance of same.

North York Community Council:

1.         Requested representatives from Daniels Corporation to meet with Mr. Craig, representative of TSCC No. 1498, regarding the resolution of the outstanding easement maintenance agreement and advise the Ward Councillor of the outcome of their discussions; and that the Ward Councillor advise the North York Community Council.

Item No. NY22.41, adopted by North York Community Council at its meeting on January 13, 2009, requests the City Solicitor to report to NYCC on February 9, 2009, on the site plan approval process undertaken for the property at 12 Rean Drive and any potential liability to the City for approving the site plan application.  As a condition of their site plan approval, the owner of 12 Rean Drive was required to enter into an easement agreement for a shared loading and waste collection area located on the property at 8 Rean Drive.  An easement right for access to the proposed shared area was registered on title; however an easement agreement containing provisions regarding maintenance and cost sharing was not entered into.

The obligation to enter into an easement agreement for shared loading and waste collection was satisfied by the applicant. Technical Services only required access rights to the shared loading and waste collection, and did not require proof of a formal maintenance and cost sharing arrange between the two private property owners.  The confidential attachment to this report comments on whether the City may be subject to any liability for approving the site plan application for 12 Rean Drive without requiring a maintenance or cost sharing agreement.

Item No. NY23.28, adopted by North York Community Council at its meeting on February 9, 2009, requests the City Solicitor to report to NYCC on March 26, 2009, to respond to questions/issues raised by John Craig on behalf of TSCC #1498 that stem from a report from the City Solicitor to NYCC dated January 21, 2009 (the “City Solicitor Report”).  The purpose of the City Solicitor Report was to review the site plan approval process undertaken for the property at 12 Rean Drive , and comment on any potential liability to the City for approving the site plan application. The current report responds to the six specific questions/issues posed by Mr. Craig in his communication entitled Rean Drive-Shared Loading and Waste Collection Area - Additional Issues to be addressed by City Solicitor, dated February 4, 2009 (the “ TSCC #1498 Memo”).

North York Community Council directed that:

1.         City Planning staff schedule a community consultation meeting together with the Ward Councillor.

2.         City Planning staff give notice for the community consultation meeting to landowners and residents within 120 metres of the site and the notice area for the community consultation meeting be expanded to include, in addition to the statutory notice area, all landowners and residents residing in the area bounded by Lorraine Drive on the west and south, Blakeley Road to the east and Finch Avenue to the north-west; and that the applicant pay the City for the costs associated with extending the notice area.

3.         City Clerk’s staff give notice for the public meeting under the Planning Act according to the regulations under the Planning Act.

North York Community Council directed that:

1.         City Planning staff schedule a community consultation meeting together with the Ward Councillor.

2.         City Planning staff give notice for the community consultation meeting to landowners and residents within 120 metres of the site and the notice area for the community consultation meeting be expanded to include, in addition to the statutory notice area, all landowners and residents residing west of Dufferin Street, in the area bounded by Jane Osler Boulevard and Cartwright Avenue to the north, Paul David Street to the west and Bentworth Avenue to the south and to all residents living east of Dufferin Street in the area bounded by Ranee Avenue to the south, Highland Hill to the east and Yorkdale Road to the north; and that the applicant pay the City for the costs associated with extending the notice area.

3.         City Clerk’s staff give notice for the public meeting under the Planning Act according to the regulations under the Planning Act.

North York Community Council recommends that:

1.         City Council direct that the Town of Markham and the City of Vaughan, for the application regarding 378 Steeles Avenue East, in the Town of Markham, and other similar applications in the Town of Markham and the City of Vaughan, be required to:

a.         forward copies of preliminary planning reports to the North York Community Council at the time they are tabled at the Town of Markham and City of Vaughan Councils;

b.         include properties in the City of Toronto which are located within the North York Community Council boundary area in the statutory circulation area for the development; and

c.         notify the City of Toronto and corresponding local City of Toronto Councillor(s) of the details of any community meetings being held to discuss the relevant application.

2.         City Council direct the Community Planning, North York District staff to discuss this matter with the Town of Markham and City of Vaughan staff with a view of developing a common protocol for handling all development applications in both municipalities within 300 metres of Steeles Avenue and report back to the May 14, 2009 meeting.

North York Community Council:

1.         Requested the Director, Community Planning, North York District, to report to the North York Community Council meeting on May 14, 2009 on the existing protocol followed by the Town of Markham and the City of Vaughan with respect to notification to the City of Toronto for development applications that are in the Town of Markham and the City of Vaughan and abut the North York Community Council area.

North York Community Council recommends that:

1.         City Council be advised, in accordance with the delegated approval under by-law 229-2000, that the Chief Planner intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1 to the report (March 2, 2009) from the Director, Community Planning, North York District, subject to:

a.         the conditions as generally listed in Attachment 2 to the report (March 2, 2009) from the Director, Community Planning, North York District, including the following additional condition to Attachment 2:

“(5)      The declaration shall contain a clause providing that in the event of the redevelopment of 63, 61, 59 and 57 Finch Avenue West, the owners of 65 and 67 Finch Avenue West shall make best efforts to put in place reciprocal agreements with the neighbouring properties to allow the continuation of the rear driveway easterly to Elmview Avenue to permit usage of the driveway in either direction for all abutting landowners and to ensure that the costs for maintenance and repair of the driveway are shared”;

which except as otherwise noted must be fulfilled prior to the release of the plan of condominium for registration; and

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

2.         City Council enact a Part Lot Control Exemption By-law with respect to the subject lands, to be prepared to the satisfaction of the City Solicitor, and that such By-law shall expire two years after it has been enacted.

3.         City Council authorize the City Solicitor to introduce the necessary Bill provided that prior to the introduction of the Bill:

a.         the owner provides proof of payment to the satisfaction of the City Solicitor of all tax arrears and current property taxes for the subject site; and

b.         the owner of the subject lands has registered, satisfactory to the City Solicitor, a Section 118 restriction under the Land Titles Act agreeing not to transfer or mortgage any part of the lands without the prior written consent of the Chief Planner or designate.

4.         City Council authorize and direct the appropriate City Officials to register the Part Lot Control Exemption By-law on title.

5.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 restriction at such time as the Common Elements Condominium Plan has been registered.

North York Community Council recommends that:

1.         City Council not support the Site Plan Applications for 182-184 Norton Avenue, and that they direct the City Solicitor to appear in opposition of the applications and hire an outside planning consultant to provide expert evidence.

North York Community Council recommends that:

1.         City Council enact the Zoning By-law Amendment for the repeal of the bylaws regulating reverse slope driveways in the zoning by-laws of the former Cities of Toronto, North York, York, East York (Township and Leaside by-laws) as they may apply to the district boundary of the North York Community Council substantially in accordance with the draft zoning by-law identified as Attachment No. 1 to the report (March 10, 2009) from the Director, Community Planning, North York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the text of the draft zoning by-law amendment as may be required.

The flooding of basements in grade-related houses has been a growing problem. A contributing factor to some basement flooding is when driveways lead downward into garages located in the lower level of houses, which is currently permitted in the zoning by-laws applying to the North York Community Council jurisdictional area. On January 27 and 28, 2009, City Council enacted five zoning by-law amendments, Nos. 98-2009, 99-2009, 100-2009, 101-2009 and 102-2009, corresponding to the boundaries of the North York Community Council that restrict the as-of-right permission to develop reverse slope driveways.

On February 23, 24 and 25, 2009, City Council requested a report regarding bylaws to repeal these bylaws. This report recommends passing the attached zoning amendment which will repeal the provisions previously adopted restricting reverse slope driveways. An accompanying report recommends bylaws to re-establish the restrictions on Reverse Slope Driveways to be passed by City Council at a later date.

On January 13, 2009, The North York Community Council requested the General Manager Toronto Water, report back on whether there are any necessary amendments required to Municipal Code Chapter 681– Sewers (Sewers By-law) to ensure it is consistent with the Zoning By-law amendments restricting reverse slope driveways in the North York District. The Sewers By-law does not regulate how a property is to be developed but controls how it is to be drained by defining the specifications and criteria on how flows from private properties are to be accommodated. The By-law defines how service connections are to be made to the City‘s sewer system and regulates the quality and quantity flows discharged to the system, including specifying how storm runoff is to be addressed to minimize the impacts that could cause flooding.

Toronto Water staff has reviewed the By-law and advises that there are no amendments required to the Sewers By-law to ensure it is consistent with the banning of reverse slope driveways.

North York Community Council recommends that:

1.         City Council enact the Zoning By-law Amendments for regulating reverse slope driveways in the zoning by-laws of the former Cities of Toronto, North York, York, East York (Township and Leaside by-laws) as they may apply to the district boundary of the North York Community Council substantially in accordance with the draft zoning by-laws identified as Attachment No. 1, 2, 3, 4 and 5 to the report (March 10, 2009) from the Director, Community Planning, North York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the text of the draft zoning by-law amendments as may be required.

3.         City Council direct that December 1, 2009 be the date upon which Attachment Nos. 1, 2, 3, 4 and 5 to the report (March 10, 2009) from the Director, Community Planning, North York District, should be enacted by City Council.

4.         City Council direct the Chief Planner and Executive Director, City Planning Division, to report to North York Community Council, prior to December 1, 2009, on what further amendments may be necessary to accommodate a prohibition on below-grade garages.

5.         City Council direct that notice of the effective date of the by-laws be posted on the City website and in the Toronto Building Division and City Planning Division, where applications are received for below-grade garages.

North York Community Council held a statutory public meeting on March 26, 2009, and notice was given in accordance with the Planning Act.

North York Community Council:

1.         Requested the City Solicitor to report directly to City Council, for its meeting on April 6, 2009, on the feasibility of registering on title a warning clause advising of the dangers posed by below grade garages and absolving the City of Toronto of any liability with regard to the installation of a below grade garage.

2.         Referred the communication (March 26, 2009) from Mr. Adam J. Brown, Sherman, Brown, Dryer, Karol, to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, in order to submit a report directly to City Council, for its meeting on April 6, 2009, on the comments in the communication.

The flooding of basements in grade-related houses has been a growing problem. A contributing factor to some basement flooding is when driveways lead downward into garages located in the lower level of houses, which is currently permitted in the zoning bylaws applying to the North York Community Council jurisdictional area. On January 27 and 28, 2009, City Council enacted five zoning by-law amendments corresponding to the boundaries of the North York Community Council that restrict the as-of-right permission to develop reverse slope driveways.

On February 23, 24 and 25, 2009, City Council requested a report regarding bylaws to repeal these bylaws, which is the subject of an accompanying report, and a report on bylaws to re-establish the restrictions on Reverse Slope Driveways. This report responds to the latter request by recommending that the attached draft zoning bylaw amendments be passed by City Council at a later date.

North York Community Council recommends that:

1.         City Council approve Patricia Moore as the recipient of the 2009 Agnes Macphail Award.

North York Community Council:

1.         Approved the sign variance request for 3200-3222 Dufferin Street, subject to:

a.         the owner providing authorization for the Municipal Licensing and Standards Division to enter the property as may be required to remove signs that do not conform with the Sign By-law.

North York Community Council, reconsidered its previous decision taken on February 9, 2009 and replaced Recommendation 1. with the following:

1.         North York Community Council approved the request for an exemption from the City of Toronto Municipal Code, Chapter 447 – Fences, for 32 York Valley Crescent, subject to the applicant:

a.         removing an existing chain link fence along the south property line;

b.         altering the existing fence to a height of 2 metres (6.5 ft.) commencing 1.2 metres (4 ft.) from the corner of the garage and running along the south property line for a distance of 14.6 metres (48 ft.);

c.         reducing the height of the remaining length of the Privacy Fence (specifically the length beyond the 48 feet described above, continuing to the rear property line, measuring 63 feet) to 8 feet (2.4m); and that the maximum height of the Privacy Fence overall to be 8 feet, which will include the height of the posts;

 d.        planting six emerald cedars measuring at least 1.8 metres (6 ft.) in height near the commencement of the fence, in consultation with the owner of the adjacent property; and

e.         when replacing the fence, that it be constructed in compliance with Chapter 447 or its successor by-law.

This motion is about a matter for which the Community Council has delegated authority from City Council to make a final decision.

At its meeting of February 9, 2009, North York Community Council:

1.         Approved the request for an exemption from the City of Toronto Municipal Code, Chapter 447 – Fences, for 32 York Valley Crescent, subject to the applicant:

a.         removing an existing chain link fence along the south property line;

b.         altering the existing fence to a height of 2 metres (6.5 ft.) commencing 1.2 metres (4 ft.) from the corner of the garage and running along the south property line for a distance of 14.6 metres (48 ft.);

c.         planting six emerald cedars measuring at least 1.8 metres (6 ft.) in height near the commencement of the fence, in consultation with the owner of the adjacent property; and 

d.         when replacing the fence, construct it in compliance with Chapter 447 or its successor by-law.

An additional condition regarding the height of the fence was agreed to by the property owner of the subject site and the property owner of 34 York Valley Crescent but this condition was inadvertently missed during consideration of this matter by North York Community Council on February 9, 2009.

The Decision of the North York Community Council regarding Item NY23.4 should be re-opened and reconsidered for the purposes of adding the following additional condition:

“The applicant reducing the height of the remaining length of the Privacy Fence (specifically the length beyond the 48 feet described above, continuing to the rear property line, measuring 63 feet) to 8 feet (2.4m); and that the maximum height of the Privacy Fence overall to be 8 feet, which will include the height of the posts.”

North York Community Council:

1.         Directed that the existing no parking at anytime prohibition on the north side of Strathgowan Avenue, between Yonge Street and the ravine, be deleted.

2.         Directed that the existing no parking at anytime prohibition on the south side of Strathgowan Avenue, between Yonge Street and a point 36.6 metres east, be deleted.

3.         Directed that parking on the north side of Strathgowan Avenue, from Yonge Street to a point 90 metres east of Yonge Street, be permitted for maximum periods of 30 minutes between the hours of 8:00 a.m. and 9:00 p.m.

4.         Directed that  parking on the north side of Strathgowan Avenue, be prohibited at anytime from a point 90 metres east of Yonge Street, to a point 100 metres east of St. Hilda’s Avenue.

5.         Directed that parking on the north side of Strathgowan Avenue, be prohibited at anytime from Yonge Street to a point 100 metres east of St. Hilda’s Avenue between the hours of 9:00 p.m. and 8:00 a.m.

6.         Directed that parking on the south side of Strathgowan Avenue, from Yonge Street to a point 90 metres east, be prohibited at anytime.

North York Community Council:

1.         Approved the request for a variance.

2.         Directed that the applicant be advised of the requirement to obtain the necessary sign permits from the Chief Building Official.

North York Community Council:

1.         Requested the Chief Planner and Executive Director, City Planning Division, to report to the North York Community Council on a possible planning study of the lands adjacent to Laird Drive, in the former Borough of East York, which study, it is anticipated, would:

a.         develop guidelines for appropriate forms of development, streetscapes and relationships with adjacent residential and industrial uses;

b.         review zoning permissions for uses in the Leaside Business Park to ensure these uses support the function of the Business Park; and

c.         examine transportation issues associated with the development of these lands.

North York Community Council, for liquor licensing purposes, declared the following to be an event of Municipal Significance:

1.         The Junior League of Toronto Showhouse event scheduled from May 5, 2009 to May 31, 2009, being held at the McLean House on the Estates of Sunnybrook, 2075 Bayview Avenue.

General Bills

North York Community Council enacted By-laws 306-2009 to 312-2009

Confirmatory Bill

North York Community Council passed a Confirmatory Bill as By-law 313-2009.