North York Community Council:

1.         Approved the request for an exemption from the City of Toronto Municipal Code, Chapter 447 – Fences, for 67 Cuffley Crescent North, on condition that when the fence is replaced it be constructed in compliance with Chapter 447 or its successor by-law.

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 subject matter is an application for an exemption to Chapter 447 of the Toronto Municipal Code, Fences, to maintain an existing fence in the front yard which is in violation of the By-law.

North York Community Council:

1.         Refused the request for a fence exemption at 27 Alderbrook Drive.

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.

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

The purpose of this report is to submit a follow-up report on item NY17.4 deferred at the North York Community Council meeting of July 7, 2008.

North York Community Council deferred consideration of the report (January 12, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its next meeting on November 10, 2009.

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 subject matter is an application for an exemption to Chapter 447 of the Toronto Municipal Code, Fences, to maintain an existing fence in the front yard which is in violation of the By-law.

North York Community Council received the report (May 22, 2009) from the District Manager, Municipal Licensing and Standards, North York District, for information.

The majority of wrought iron fence exemption applications in front yards since the enactment of Chapter 447 (Fences) have originated from properties in Ward 25.  The regulation of fences based upon aesthetics or upon neighbourhood or area is not possible and regardless would not preclude exemption applications.  Fence gates installed in front yard or exterior side yard fences can be regulated so as to restrict their opening into the City road allowance.

North York Community Council:

1.         Approved the application for an encroachment agreement for 23 Sunnydene Crescent, 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 to 10 years from the date of registration on title or to the date of removal of the encroachment at which time, the City may consider the Agreement for further extension, if requested by the applicant;

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.

This staff report is about a mater 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 subject matter is an application for an encroachment agreement.

North York Community Council:

1.         Approved the application for an encroachment agreement for 100 Gordon Road, subject to the following conditions:

a.         that the owner maintain the bushes/hedges/trees to the satisfaction of Transportation Services Division so that they do not obstruct the view of the speed limit sign on Seneca Street;

b.         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;

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

d.         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;

e.         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;

f.          that the life of the Agreement be limited to 10 years from the date of registration on title or to the date of removal of the encroachment at which time, the City may consider the Agreement for further extension, if requested by the applicant;

g.         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

h.         the owner pay all applicable fees.

North York Community Council:

1.         Approved the application for an encroachment agreement for 37 Brookfield Road, 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 to 10 years from the date of registration on title or to the date of removal of the encroachment at which time, the City may consider the Agreement for further extension, if requested by the applicant;

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 application for an encroachment agreement for 15 Owen Boulevard, subject to the following conditions:

a.         that the owner ensure that all gates swing inwards to the satisfaction of the Transportation Services division;

b.         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;

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

d.         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;

e.         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;

f.          that the life of the Agreement be limited to 10 years from the date of registration on title or to the date of removal of the encroachment at which time, the City may consider the Agreement for further extension, if requested by the applicant;

g.         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

h.         the owner pay all applicable fees.

North York Community Council deferred consideration of the report (September 23, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its next meeting on November 10, 2009.

North York Community Council:

1.         Approved the request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit a front yard parking pad at 441 Castlefield Avenue, subject to the owner paying all applicable fees.

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.

To report on a request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit a front yard parking pad at 441 Castlefield Avenue which does not meet the requirements of the Code.  As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

North York Community Council:

1.         Approved the request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit a front yard parking pad at 109 Albertus Avenue, subject to:

a.         the owner complying with the front yard landscaping requirements, satisfactory to the Director, Transportation Services Division, North York District; and

b.         the owner paying all applicable fees.

This staff report is about a matter over which 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.

To report on a request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit a front yard parking pad at 109 Albertus Avenue which does not meet the requirements of the Code.  As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

North York Community Council:

1.         Approved the request for an exemption from Chapter 313 of the former City of Toronto Municipal Code to permit the maintenance of an encroaching retaining wall fronting 32 Wanless Avenue.

This staff report is about a matter over which 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.

To report on a request for an exemption from Chapter 313 of the former City of Toronto Municipal Code to permit the maintenance of an encroaching retaining wall fronting 32 Wanless Avenue for which Transportation Services setback requirements have not been met.  As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

North York Community Council deferred consideration of the report (April 23, 2009) from the Director, Transportation Services Division, North York District, to its next meeting on November 10, 2009.

This staff report is about a matter that Community Council has delegated authority to make a final decision. 

To report on a request for an exemption from the former Borough of East York Municipal Code to permit the maintenance of an encroaching landscape wall fronting 182 Hanna Road which does not meet the required 0.3 metre setback from the municipal sidewalk.  As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

North York Community Council:

1.         Approved the appeal to maintain the encroaching 0.15 metre high landscape wall at 45 Parklea Drive, as removal may damage the existing mature City owned tree in the vicinity, subject to the applicant entering into an encroachment agreement acknowledging responsibility for maintenance and liability.

2.         Denied the appeal to maintain the encroaching sprinkler system and light post with outlet at 45 Parklea Drive, as they are not permitted encroachments.

This staff report is about a matter that 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.

To report on a request for an exemption from the former Borough of East York Municipal Code to permit the maintenance of an encroaching landscape wall, sprinkler system and light post with outlet, fronting 45 Parklea Drive, which do not meet the provisions set out in By-law No. 111-92.  As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

North York Community Council:

1.         Approved the request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 73 Unsworth Avenue, to the satisfaction of the Director, Transportation Services Division, North York District.

This staff report is about a matter over which North York 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.

To report on a request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 73 Unsworth Avenue which does not meet the requirements of this Chapter.  As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

North York Community Council:

1.         Refused the request for sign variances at 515 Drewry Avenue.

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 to that it varies with City policy or by-laws.

The purpose of this report is to review and make recommendations on a request by Todd Trudelle of The Goldberg Group, on behalf of Imperial Oil Ltd., owners of the property at 515 Drewry Avenue for approval of a variance from the former North York Sign By-law 30788, as amended, to permit the erection of six business identification ground signs in conjunction with the Carwash, Service Station/Convenience Store containing a Tim Hortons pick up and Drive-Through facility which are currently under construction at this location.

North York Community Council:

1.         Approved the request to demolish the residential building at 2 Anndale Drive, with the following conditions:

a.         all debris and rubble be removed immediately after demolition and the excavation be filled in;

b.         the site be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 623-5 and 629-10, Paragraph B;

c.         the site be sodded within three (3) months of the demolition of the residential building (weather permitting); and

d.         the subject property be maintained in full compliance with the City’s By-laws.

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 bylaws.

In accordance with Section 33 of the Planning Act and the former City of Toronto Municipal Code Ch. 363, Article 11 “Demolition Control”, the application for demolition of the single family dwelling 2 Anndale Drive is referred to Toronto North Community Council to refuse or to grant the application, including any conditions, to be attached to the demolition permit.

North York Community Council:

1.         Approved the request to demolish the residential building at 283 Greenfield Avenue, subject to the following conditions:

a.         all debris and rubble be removed immediately after demolition and excavation filled in;

b.         the site be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 623 – 5 and 629 – 10, Paragraph B;

c.         the site be sodded within three (3) months of the demolition of the residential building (weather permitting); and

d.         the subject property be maintained in full compliance with the City’s By-laws.

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 from City policy or by-law.

In accordance with Section 33 of the Planning Act and the City of Toronto Municipal Code Ch. 363, Article 11, “Demolition Control”, an application for a demolition permit at 283 Greenfield Avenue is referred to North York Community Council to refuse or to grant the demolition permit.  The City of Toronto owns the property at 283 Greenfield Avenue and requires permission to demolish the existing dwelling in order to supplement a new park at Greenfield Avenue.

If the North York Community Council grants issuance of the demolition permits, it may do so with or without conditions.

North York Community Council recommends that:

1.         City Council refuse the application to demolish the subject residential building at 60 Rowena Drive (5 Avonwick Gate).

2.         City Council receive the confidential legal advice set out in Attachment 1 to the report (October 8, 2009) from the City Solicitor.

3.         City Council direct that the information contained in Attachment 1 to the report (October 8, 2009) from the City Solicitor, remains confidential.

This Staff Report is about a matter for which Community Council does not have delegated authority from City Council to make a decision on whether to issue or refuse the permit to demolish the residential properties at the above noted address because the buildings on the subject property have a heritage designation under the Ontario Heritage Act (OHA).

On March 6, 2009 Toronto Building received a demolition permit application to demolish three vacant residential buildings located at 60 Rowena Drive (also known as 5 Avonwick Gate).  The buildings on the property have been designated under the OHA.

In accordance with Section 33 of the Planning Act and the Municipal Code, Chapter 363, Article II “Demolition Control”, the above noted demolition permit application is submitted to the North York Community Council for consideration and to make recommendation to refuse or to grant the issuance of a demolition permit because the owner has not applied for a building permit to replace the buildings to be demolished.

If the North York Community Council recommends granting the issuance of the demolition permit, it may do so with or without conditions. 

The recommendation to grant or to refuse the demolition application will be forwarded to City Council for a final decision.

North York Community Council, at its meeting of October 13, 2009 will be dealing with a report dated September 28, 2009 from the Director and Deputy Chief Building Official with respect to an application to demolish residential buildings at 60 Rowena Drive (5 Avonwick Gate).  The application is required under chapter 363 of the Toronto Municipal Code and section 33 of the Planning Act.

As the subject property has been designated under the Ontario Heritage Act City Council has previously dealt with a report for consent to demolish the designated buildings and decided to refuse to consent to the demolition.

The purpose of this report is to provide the Community Council with legal advice related to its decision on the application to demolish the buildings pursuant to Chapter 363 of the Toronto Municipal Code and section 33 of the Planning Act.

North York Community Council:

1.         Amended By-law Nos. 196-84 and 2958-94, of the former City of York, to delete Whitmore Avenue as an eastbound one-way street, from the Dufferin Street to Marlee Avenue.

2.         Amended By-law Nos. 196-84 and 2958-94, of the former City of York, to add Whitmore Avenue as an eastbound one-way street, from the a point 40 metres east of Dufferin Street to Marlee Avenue.

3.         Amended By-law Nos. 196-84 and 2958-94, of the former City of York, to prohibit westbound right movements from Belgravia Avenue into the driveway access to 2401 Dufferin Street.

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.

To obtain approval to convert the one-way operation of Whitmore Avenue from Dufferin

Street to a point 40 metres east to a two-way operation, construct a traffic island on the

north side of Whitmore Avenue opposite the new driveway access, and to prohibit

westbound right turns from Belgravia Avenue in to the driveway access of 2401 Dufferin

Street located on the north side of Belgravia Avenue.

The re-designation of Whitmore Avenue from Dufferin Street to a location approximately

40 metres east thereof will provide access and egress to 2401 Dufferin Street via the

signalized access of Dufferin Street and Whitmore Avenue and the driveway access on to

Belgravia Avenue will provide egress from the site. The proposed site access

modifications will result in the elimination of a driveway access point on Dufferin Street

and address the residents concerns regarding infiltration into the neighbourhood.

North York Community Council:

1.         Prohibited northbound left turns at anytime from the driveway at 59 Briar Hill Avenue on to Briar Hill Avenue.

2.         Prohibited entry at anytime from Briar Hill Avenue on to the private driveway at 59 Briar Hill Avenue.

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.

To obtain approval to implement a westbound “No Left Turn” movement prohibition from the driveway of number 59 Briar Hill Avenue along with a “Do Not Enter” prohibition into the same driveway on the south side of Briar Hill Avenue.

The implementation of the prohibited left turn and entrance restriction will result in the safe and smooth egress onto Briar Hill Avenue.

North York Community Council recommends that:

1.         City Council prohibit eastbound left turns from 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on Glencairn Avenue at Avenue Road.

2.         City Council prohibit westbound left turns from 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on Glencairn Avenue at Avenue Road.

3.         City Council prohibit eastbound through traffic movements from 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays on Glencairn Avenue and Avenue Road.

4.         City Council prohibit westbound through traffic movements from 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays on Glencairn Avenue at Avenue Road.

To obtain approval to implement turn restrictions at the intersection of Avenue Road and Glencairn Avenue.

The proposed turn restrictions will address the safety concerns regarding left turning and through movements at the intersection of Avenue Road and Glencairn Avenue.

Since the Toronto Transit Commission (TTC) operates a transit service on Avenue Road, City Council approval of this report is required.  TTC staff has been consulted on the proposed turn prohibition removal and have not objected to the proposal.

North York Community Council recommends that:

1.         City Council rescind the existing westbound left turn restriction at all times, from the access to 2365 Bayview Avenue (Crescent School).

To obtain approval to rescind the existing westbound left turn prohibition at Bayview Avenue at the access to 2365 Bayview Avenue (Crescent School).

The removal of the above-noted traffic control measure will provide full movement egress from the access to Crescent School and improve southbound traffic operations on Bayview Avenue during the peak periods.

Since the Toronto Transit Commission (TTC) operates a transit service on Bayview Avenue, City Council approval of this report is required.  TTC staff has been consulted on the proposed turn prohibition removal and have not objected to the proposal.

North York Community Council:

1.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking from 8:00 a.m. to 8:00 p.m. Monday to Saturday on both sides of Ternhill Crescent, from the north limit of Overland Drive to a point 89 metres to the north thereof.

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.

To obtain approval in order to prohibit parking on both sides of Ternhill Crescent from 8:00 a.m. to 8:00 p.m., Monday to Saturday, from Overland Drive to a point 89 m to the north thereof.

The implementation of the parking prohibition will address the residents’ concern regarding vehicles continually parked on both sides of Ternhill Crescent between Overland Drive and a point 89 metres north thereof.

North York Community Council:

1.         Referred the following recommendations moved by Councillor Moscoe, to the Director, Community Planning, North York District, for a report to the North York Community Council for its meeting on January 12, 2010:

“That:

a.         Staff identify an appropriate study area within the Yonge Corridor abutting the City of Vaughan and the City of Markham Study areas.

b.         Staff co-ordinate its study area with the studies being undertaken with the two other municipalities.

c.         Staff report on a preliminary basis to the North York Community Council no later than February, 2010.”

2.         Requested the Director, Community Planning, North York District and the Director, Transportation Services Division, to review and comment to the North York Community Council, for its meeting on January 12, 2009, on the safeguards that are proposed in the Markham and Vaughan OPA for the Yonge and Steeles area, such report to also include comments on:

a.         what additional safeguards can be considered;

b.         specifically, the provisions which require the subway and/or the Busway improvement to be in place prior to development in these areas.

This report provides information on the planning studies being conducted by the Town of Markham and the City of Vaughan for the area around Yonge Street and Steeles Avenue.  The final report for the Town of Markham Yonge and Steeles Corridor Study was endorsed in principle by Markham Council in October 2008 and the next step is to prepare a draft Official Plan Amendment implementing the Study’s recommendations and hold the Statutory Public Meeting.

The City of Vaughan Yonge Street Area Study is underway and is currently in the public consultation stage.  A draft final report is expected within the next few months.  The study area boundaries are shown on Attachment 1.

North York Community Council:

1.         Referred the following motion, moved by Councillor Moscoe, to the Planning and Growth Management Committee, for its consideration:

"1.        That the Planning and Growth Management Committee, in reviewing the Official Plan as it applies to employment areas, give consideration to:

a.         excluding main streets that bisect employment areas, as areas permitting big box retail;

b.         excluding from consideration as the “boundary” of employment areas that abut residential zones or whose access is limited by physical barriers, like railways, and limited access highways.”

This report responds to City Council’s May 25, 26 and 27, 2009 direction that City Planning staff provide an interpretation of the Employment Areas policies of the Official Plan as they apply to lands known municipally as 1100-1150 Caledonia Road and report to North York Community Council and Planning and Growth Management Committee with respect to the interpretation of the applicable policy. City Planning staff, in consultation with the General Manager, Economic Development and the City Solicitor are of the opinion that Policy 4.6.3 would apply to an application proposing major retail uses on these lands.

North York Community Council recommends that:

1.         City Council, in accordance with the delegated approval under by-law 229-2000, be advised that the Chief Planner intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1 to the report (September 21, 2009) from the Director, Community Planning, North York District, subject to:

a.         the conditions generally listed in Attachment 3 to the report (September 21, 2009) from the Director, Community Planning, North York District, which unless otherwise noted, must be fulfilled prior to the release of the plan of condominium for registration;

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; and

c.         draft plan approval not being issued until the necessary Bill(s) is in full force and effect.

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.

3.         City Council authorize the City Solicitor to introduce any necessary Bills for a Part Lot Control Exemption By-law to expire (2) years from date of enactment.

4.         City Council require the owner to provide proof of payment to the satisfaction of the City Solicitor for all current property taxes for the subject site prior to enactment of the Part Lot Control Exemption By-law.

5.         City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer and charge any part of the lands without the written consent of the Chief Planner or his designate prior to the introduction of Bills in Council.

6.         City Council direct that the Chief Planner or his delegate not provide written consent to transfer and charge any parts of the lands until all appropriate pre-approval conditions in the Site Plan Agreement are fulfilled.

7.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium Plan has been registered.

8.         City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

These applications were made on June 3, 2009 (CD) and May 15, 2009 (PL) and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The Common Elements Condominium application is required to provide legal access to the individual townhouse units and to ensure ongoing shared ownership and maintenance of the common elements including the private driveway.

The exemption from Part Lot Control provisions of the Planning Act is required to permit the creation of individual conveyable townhouse and semi-detached lots.

This report recommends approval of the Draft Plan of Common Elements Condominium and approval of the application to lift Part Lot Control subject to the conditions listed below, including that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without the prior consent of the Chief Planner or his designate.

North York Community Council recommends that:

1.         City Council amend former City of North York Zoning By-law 7625 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (April 22, 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 draft Zoning By-law Amendment as may be required.

3.         City Council require the applicant to obtain Notice of Approval Conditions of Site Plan Approval before the necessary Bills are introduced to City Council for enactment.

4.         City Council direct that Sunnybrook Hospital and the University of Toronto be advised that the City of Toronto’s long term ambulance plan includes the need for an ambulance station to be located in the vicinity of the hospital in order to provide necessary emergency fire protection to the hospital campus and the surrounding community.

5.         City Council direct that Sunnybrook Hospital and the University of Toronto be reminded of their obligation to convey to the City of Toronto a site for an ambulance station which was an agreed upon condition of the original zoning for the hospital site expansion, at no cost to the City.

6.         City Council direct that Sunnybrook Hospital and the University of Toronto that when the next phase of hospital development approval occurs or the holding symbol is further lifted, the provision of the ambulance station site (at no cost to the City) will be requested as a condition of development.

This application was made on January 26, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes a 780 m2 (8,400 ft2) 2 – storey addition to the existing Wellspring Centre facility located on the northwest portion of the Sunnybrook Hospital campus site at 2075 Bayview Avenue.  The addition requires a partial removal of the holding symbol (H) to permit an increase in density which would bring the total gross floor area of the hospital campus to 259,480 m2 (2,793,108 ft2) or 0.66 fsi. The application is recommended for approval on the basis that the proposed addition is appropriate and satisfies the criteria to permit a partial lifting of the hold on the subject property.  This report recommends that the bills proceed to Council once the applicant has obtained Notice of Conditions of Site Plan Approval.

North York Community Council:

1.         Requested the Director of Building and Deputy Chief Building Official to prepare a report on the permit history and construction activities at 145 Spalding Road for inclusion in the North York Community Council meeting of November 10, 2009.

Over the past year, the construction of a garage at 145 Spalding Road has caused concern for a neighbouring resident who maintains that this garage has not been built in accordance with the Ontario Building Code and North York Zoning By-law 7625.

As a consequence, the City Councillor has been requested to add this item to the agenda of North York Community Council.

North York Community Council:

1.         Requested the Director, Transportation Services Division, North York District, to report to the North York Community Council meeting on November 10, 2009 on:

a.         a feasibility study on curb cuts and installation of accessibility ramps in front of the walkways at 24, 25 and 27 Seeley Drive, as well as at the end of Seeley Drive leading into Diana Drive; and

b.         suggested potential solutions to prohibit parking in front of the Seeley Drive buildings’ walkways in order to facilitate access for EMS and Fire Services.

Seeley Drive is a dead end street with four rental buildings. The east side of Seeley Drive has a sidewalk while the west side does not. The projected year of installation for a sidewalk on the west side of Seeley Drive is 2020.

There are approximately 350 residents residing on Seeley Drive, many of whom are seniors and require accessible entrances to their building. Currently, 18 Seeley Drive is the only building with a ramp located at the end of the walkway that leads to the entrance of the building. Residents also access Diana Drive from Seeley Drive via a small pedestrian entranceway at the end of Seeley Drive to facilitate traveling eastbound to Keele Street as opposed to traveling uphill on Sheppard Ave. West to reach Keele Street.

Cars parking on Seeley Drive often park directly in front of the buildings’ walkways. There have been concerns expressed about the difficulty EMS and Fire Services are having in getting into the buildings as a result.

Curb cuts and installation of accessibility ramps at the end of the buildings’ walkways and at the end of Seeley Drive leading into the Diana Drive entrance would help alleviate difficulties encountered by disabled individuals residing on Seeley Drive.

North York Community Council:

1.         Approved a variance from the North York Driveway and Entrance Policy authorizing a 0.6 metre extension of the driveway opening beyond the maximum 6.0 metre ramp opening at 71 Letchworth Crescent.

The resident of 71 Letchworth Crescent has obtained a permit to re-pave his interlock driveway. The driveway and ramp presently serving this property is 6.0 metres wide.  The resident would like to widen the existing 6.0 metre wide curb cut an additional 0.60 metres (2 feet) over the maximum allowed driveway ramp opening specified in the North York Driveway and Entrance Policy. The length of curb requested to be removed has also been badly damaged by a snow plow last year.

North York Community Council recommends that:

1.         City Council direct the City Solicitor and appropriate Planning Staff to attend the Ontario Municipal Board hearing to uphold the Committee of Adjustment’s decision regarding application A0250/09NY relating to 350 Briar Hill Avenue.

On September 2, 2009 the Committee of Adjustment modified an application to demolish the existing dwelling and construct a new two-storey dwelling with a gross floor area of 185.8m2 (0.60 times  the area of the lot) whereas a maximum of 108.36m² (0.35 times the area of the lot) is permitted. In addition, variances were requested for a proposed east side yard setback of .4m and proposed front yard soft landscaping area of 72.6%. The City Planning Staff Report recommended that the gross floor area be reduced to be more in keeping with the character of the neighbourhood, to better maintain the intent and purpose of the By-law, as well as with previous Committee decisions noting that the vast majority of approvals in the area had been approved with a gross floor area of .54 time the area of the lot or less.

It was the decision of the Committee of Adjustment that the Minor Variance Application be approved on Condition:

The Committee of Adjustment Approved the following variances:

-           Proposed east side yard setback of .4m whereas a minimum of 1.2m is required for the portion of the building not exceeding 17m in length; and

-           Proposed front yard soft landscaping area of 72.6% whereas a minimum of 75% is required.

The Committee of Adjustment Modified and Approved the following variance:

-           Proposed gross floor area of 167.2m2 (0.54 times the area of the lot), whereas a maximum of 108.36m2 (0.35 times the area of the lot) is permitted;

This modification achieves the following goals:

-           The general intent and purpose of the Official Plan is maintained.

-           The general intent and purpose of the Zoning By-law is maintained.

-           The variance(s) is considered desirable for the appropriate development of the land.

-           In the opinion of the Committee the variance(s) is minor.

The decision was subject to the following conditions(s):

1.         The owner shall satisfy the City of Toronto Municipal code Chapter 813, Article II, with respect to City owned trees, to the satisfaction of the Urban Forestry Division.

2.         The owner shall submit a Tree Security Deposit (in the form of a certified cheques or letter of credit only) and sign a Tree Preservation Agreement to the satisfaction of the Urban Forestry Division.

The applicant appealed the Committee of Adjustment Decision to the Ontario Municipal Board.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor and City Planning Staff to attend the Ontario Municipal Board Hearing to uphold the City’s By-law and the Committee of Adjustment’s decisions.

Pedro Miguel Viera and Angela Kosmatos, the owners of 122 Anndale Drive, submitted an application to the Committee of Adjustment, North York Panel, for the construction of a new two storey dwelling with an integral, at grade garage.

Variances were requested with respect to lot coverage of 36.9% (188.6m2), front yard setback of 5.79m, west side yard setback of 1.38m to the 6.3m long portion of the at grade garage, overall building length of 18.67m, building height of 9.0m, finished first floor elevation of 1.71m and front yard setback of 3.96m to the front stairs.

Planning staff commented that the proposed lot coverage was excessive for the area and would not respect and reinforce the existing physical character of the area. Staff further commented that the proposed height was also excessive. Staff recommended that the proposed lot coverage and height variances be refused.

The Committee of Adjustment for the City of Toronto (North District) Approved the variances requested for a front yard setback of 5.79m, a west side yard setback of 1.38m to the 6.3m long portion of the at grade garage, overall building length of 18.67m, a finished first floor elevation of 1.71m and a front yard setback of 3.96m to the front stairs. The Committee Modified the variance requested for lot coverage to 32% (163.52m2). The Committee Refused the variance requested for a building height of 9.0m. The decision was subject to Forestry conditions

The applicant has appealed the decision of the Committee of Adjustment to the Ontario Municipal Board.

The Ontario Municipal Board has not set a hearing date for these applications.

The Councillor is requesting representation at the Ontario Municipal Board hearing.

General Bills

North York Community Council enacted By-laws 1004-2009 to 1014-2009.

Confirmatory Bill

North York Community Council passed a Confirmatory Bill as By-law 1015-2009.