The Decision Document and Decision Summary are for preliminary reference purposes only.  Please refer to the Committee’s Report to Council or the Minutes for the official record.

Action taken by the Community Council on items that are “delegated” (Community Council makes final decision) are so noted.

Declarations of Interest, if any, appear at the end of an item.

North York Community Council:

1.         Refused the fence exemption request for 165 Rumsey Road.

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 exemption from Chapter 447 - Fences, for the property at 30 Harrison Road.

North York Community Council:

1.         Approved the application for an encroachment agreement for 236 Hillhurst Boulevard, subject to the following conditions:

a.         that the owner have a locate done for the Bell Canada line in the area and hand dig within 1 metre of any Bell plant;

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. 

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 encroachment agreement.

North York Community Council:

1.         Approved the application for an encroachment agreement for 5350 Yonge Street, subject to the following conditions:

 a.        that the parcel of land where the encroachment will be located be conveyed to the City;

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.

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 encroachment agreement.

North York Community Council:

1.         Deferred consideration of the reports (January 19, 2009) and (January 20, 2010) from the Director of Building and Deputy Chief Building Official, to its next meeting on March 9, 2010.

This staff report is about a matter that must be approved by City Council as the proposal is in contravention with the former municipality of Metropolitan Toronto (Metro) By-law 211-79 as amended.

The purpose of this report is to review and make recommendations on a request by Stephen Mazur of Pattison Outdoor Advertising LP acting for the owner of the property, Mr. Tzembelicos president of KAPA, for a variance from the Metro Sign By-law 211-79, as amended, to erect a third party roof sign on the property at the above noted address.

The North York Community Council at its meeting on February 9, 2009 deferred consideration of the report (January 19, 2009) from the Director and Deputy Chief Building Official, until the draft of the new Sign By-law is finalized.  Item NY 23.11 was deferred to allow City Staff to conduct a review of the proposed sign under the new sign by-law and report back with the appropriate sign variances and recommendation.

The purpose of this supplementary report is to provide North York Community Council with information on the effect of the provisions of the new Sign By-law on a request by Stephen Mazur of Pattison Outdoor Advertising LP acting for the owner of the property, Mr. Tzembelicos president of KAPA for a variance to erect a third party roof sign on the property at the above noted address.

North York Community Council:

1.         Refused the sign variance request for 1552 Avenue Road.

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 review and make recommendations on a request by Kelly Adam of Kramer Design Associates, acting for Astral Media Outdoor, for an approval of variances from former City of North York Sign By-law No. 30788, as amended, to permit the erection of one 3rd party illuminated trivision roof sign, at 1552 Avenue Road.

The North York Community Council at its meeting on April 21, 2009 deferred consideration of the report dated March 25, 2009, Item NY 25.13 from the Director and Deputy Chief Building Official, Toronto Building, North York District, which recommended approval of the sign variance for two tri-vision panels, to its meeting on May 14, 2009, to allow city staff to conduct a review of the proposed sign and report back with the appropriate sign variances and recommendation.

The purpose of this supplementary report is to review and make recommendations on a request by Kelly Adam of Kramer Design Associates, on behalf of Astral Media Outdoor, for approval of variances from former City of North York Sign By-law No. 30788, as amended, to permit the replacement of an existing Off premise roof sign with another Off premise roof sign containing one Multi-Prism (tri-vision) display and one Animated/ Flashing sign face consisting of Light Emitting Diodes (LED), and not two tri-vision panels as outlined in the staff report dated March 25, 2009.

The North York Community Council at its meeting held on May 14, 2009 deferred consideration of the initial Supplementary Report dated May 7, 2009, Item NY26.10, from the Director and Deputy Chief Building Official, Toronto Building, North York District, until such time as the new Sign By-Law has been enacted by City Council or for twelve months time, in the event that the new Sign By-law has not been enacted.

The purpose of this second supplementary report is to provide North York Community Council with information on the effect of the provisions of the new Sign By-law on a request for variance to permit to permit a Third party Roof sign containing Tri-vision sign copy on one face; and containing Electronic Moving Copy (Flashing/Animated display) on the second face, on the roof of a building located at 1552 Avenue Road.

North York Community Council:

1.         Refused the request for the sign variances listed in the third column of the table included in Page 3 of the report (June 2, 2009) from the Director of Building and Deputy Chief Building Official for the property at 250-256 Laird Drive.

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-Laws.

The purpose of this report is to review and make recommendations on a request by Adam Kelly of Kramer Design Associates on behalf of Ron Hutchison senior vice president of Astral Media, for a variance from the former East York Sign By-law 64-87, as amended, to permit a third party roof top V-sign billboard containing one tri-vision panel and one Light Emitting Diode (LED) image board panel with constant change of copy at the above noted location.

The North York Community Council at its meeting on June 23rd, 2009 deferred consideration of the report (June 2, 2009) from the Director and Deputy Chief Building Official, Toronto Building, North York District, until after the new Sign By-law is in effect. Item NY27.17 was deferred to allow City staff to conduct a review of the proposed sign under the new sign by-law and report back with the appropriate sign variances and recommendations.

The purpose of this supplementary report is to provide North York Community Council with information on the effect of the provisions of the new Sign By-law on a request by Adam Kelly of Kramer Design Associates on behalf of Ron Hutchison senior vice president of Astral Media, for a variance to erect a third party roof top V-sign billboard containing one tri-vision panel and one Light Emitting Diode (LED) image board panel with constant change of copy at the above noted location.

North York Community Council:

1.         Deferred consideration of the reports (October 1, 2008) and (January 18, 2010) from the Director and Deputy Chief Building Official, Toronto Building, North York District, to its next meeting on March 9, 2010.

2.         Requested the Director and Deputy Chief Building Official, Toronto Building, North York District, to report on the issue of the permanency of the existing sign compared to the longevity of a new sign on this site permitted under the new Sign By-law.

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

This report reviews and makes recommendations on a request by Lorne Persiko on behalf of Toronto Parking Authority for approval of variances from By-law No. 30788 as amended, of the former City of North York Toronto Municipal Code to replace, for third party advertising purposes, an existing four-sided illuminated pedestal sign located at the southwest corner of the property with a newly designed two-sided illuminated ground sign at 10 Kingsdale Avenue.

Staff recommends approval of the application. The variance is minor and within the general intent and purpose of the Municipal Code.

The North York Community Council at its meetings on November 18, 2008, January 13, 2009 and March 26, 2009 deferred  consideration of the report dated October 1, 2008, Item NY20.16, NY22.2 and NY24.10 respectively, from the Director and Deputy Chief Building Official, Toronto Building, North York District, to a later meeting pending City Council’s approval of the harmonized Sign By-Law.

The purpose of this report is to provide information to the North York Community Council on the effect of the regulations contained in the Sign By-law adopted by Council on December 6, 2009, on a request for variances to replace an existing Third party four-sided illuminated pedestal sign with a two-sided illuminated Third party ground sign at 10 Kingsdale Avenue.

North York Community Council:

1.         Accepted the appeal and approved the request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 103 Helendale Avenue, conditional upon the applicant submitting a landscaping plan 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.

This report is a request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 103 Helendale 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.         Approved the request for an exemption from the former North York Driveway and Entrance Policy to permit the construction of a circular driveway entirely within the municipal right-of-way at 187 Gordon Road, subject to:

a.         the owner entering into an agreement permitting such encroachment and the agreement being registered on title;

b.         the agreement containing a provision that prior to the property being sold to a new owner,  the circular driveway shall be removed and the property be returned to its original condition.

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 North York Driveway and Entrance Policy to permit the construction of a circular driveway entirely within the municipal right of way at 187 Gordon Road, which does not meet the provisions set out in the City Council approved North York Driveway and Entrance Policy.

North York Community Council:

1.         Approved the application for permission to construct the encroaching building façade at 480 Eglinton Avenue West.

2.         Approved that the façade be constructed according to conditions of a permit issued by the Chief Building Official for the City of Toronto.

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.

This report is a request to permit the construction of an encroaching building façade with a lighting component pursuant to Chapter 313 of the Toronto Municipal Code.

North York Community Council recommends that:

1.         City Council prohibit eastbound left turns at anytime on Tolman Street at Yonge Street.

To obtain approval to prohibit eastbound left turns at anytime on Tolman Street at Yonge Street.

The implementation of left turn prohibitions on Tolman Street at Yonge Street will improve both the traffic operations and the pedestrian environment at the intersection.

Since the Toronto Transit Commission (TTC) operates a transit service on Yonge Street, City Council approval of this report is required.

North York Community Council recommends that:

1.         City Council prohibit U-turns in both directions on Bayview Avenue between Sheppard Avenue East and Bayview Mews Lane.

To obtain approval to prohibit U-turns in both directions on Bayview Avenue between Sheppard Avenue East and Bayview Mews Lane.

The prohibition of U-turns on Bayview Avenue, between Sheppard Avenue East and Bayview Mews lane, will address concerns that vehicles conducting U-turns are creating a dangerous situation for motorists on Bayview Avenue and for motorists exiting Mallingham Court and Teagarden Court.

Since the Toronto Transit Commission (TTC) operates a transit service on Bayview Avenue, City Council approval of this report is required.

North York Community Council:

1.         Deferred consideration of the report (January 15, 2010) from the Acting Director, Development Engineering, to its meeting on June 22, 2010.

This report advises that the municipal services installed under the terms of the Subdivision Agreement for Plan 66M-2411, dated July 12, 2004, between Riotrin Properties Inc., Loblaws Inc. and the City of Toronto are in the required condition and recommends assumption by the City.

North York Community Council:

1.         Deferred consideration of the report (January 21, 2010) from the City Surveyor, to its meeting on April 27, 2010.

This staff report is report is about a matter for which the community council has delegated authority from City Council to make a final decision. This report recommends that the private right of way located between Dufferin Street and Keele Street be named “York University Busway”.

North York Community Council recommends that:

1.         City Council appoint Councillor Jenkins to the North York Community Preservation Panel for a term of office ending November 30, 2010, and until a successor is appointed.

This report forwards information and a list of Members interested in being appointed to the North York Community Preservation Panel, so that Community Council may nominate Members for appointment by Council.

North York Community Council:

1.         Approved the deletions of three Leaside Memorial Community Gardens Board of Management members as set out in the communication (December 17, 2009) from the General Manager Secretary, Leaside Gardens Board.

2.         Approved the additions of three Leaside Memorial Community Gardens Board of Management members as set out in the communication (December 17, 2009) from the General Manager Secretary, Leaside Gardens Board.

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

1.         The Hispanic Fiesta, to be held on September 3, 4, 5 and 6, 2010 in Mel Lastman Square, 5100 Yonge Street, from 3:00 p.m. to 11:00 p.m.

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, residents and condominium corporations in the area bounded by Wilson Heights Boulevard to the west, Codsell Avenue to the north, Reiner Road to the south and Gorman Park Road and Goddard Street to the east; 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.

This application was made on November 12, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Sheppard West/Dublin Secondary Plan and former City of North York Zoning By-law 7625 to permit the construction of two 9 storey mixed use buildings with commercial uses at grade and residential uses above at 847 – 873 Sheppard Avenue West.

This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the application and on the community consultation process.

It is intended that a community consultation meeting be scheduled by staff in consultation with the Ward Councillor for February or March, 2010.  A Final Report and Public Meeting under the Planning Act to consider this application is targeted for the final quarter of 2010 provided any required information is submitted by the applicant in a timely manner.

North York Community Council recommends that:

1.         City Council amend Interim Control By-law 200-2009 substantially in accordance with the proposed By-law attached as Attachment 2 to the report (January 19, 2010) from the Director, Community Planning, North York District, to extend by one year the period of time which the By-law is in effect.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the By-law as may be required.

This report recommends an extension to Interim Control By-law 200-2009 for a one year period to complete the study of the policies and regulations pertaining to places of worship in the Parkway-Finch Business Park.

North York Community Council recommends that:

1.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (January 20, 2010) from the Director, Community Planning, North York District, with Section 2 (a) of the Draft Zoning By-law being amended to read as follows:

"Permitted Uses

2. (a)    In addition to the uses permitted by the R6 zone, a home occupation use that is limited to a travel agency shall also be permitted within the building existing on the date of enactment of this exception."

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 approve in principal the site plan as indicated on the drawing in Attachment 1 to the report (January 20, 2010) from the Director, Community Planning, North York District.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to:

a.         obtain site plan approval from the Director, Community Planning, North York District and enter into a Site Plan Agreement under section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006; and

b.         convey to the City, for a minimal sum and free and clear of all encumbrances, a road widening measuring approximately 4.89 metres along the Finch Avenue East frontage.

5.         City Council direct that the home occupation be subject to an annual inspection by Municipal Licensing and Standards Division and proof of residency be confirmed to the satisfaction of the Director, Community Planning, North York District and the District Manager, Municipal Licensing and Standards, North York District.

6.         City Council direct that no exterior signage be permitted in relation to this home occupation.

North York Community Council held a statutory public meeting on February 9, 2010, and notice was given in accordance with the Planning Act.

These applications were made on November 20, 2007 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applicant proposes to permit a home occupation (live/work) in an existing single family dwelling located at 257 Finch Avenue East. This report reviews and recommends approval of the application to amend the Zoning By-law and approve in principle the Site Plan Control application.

North York Community Council recommends that:

1.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (January 21, 2010) from the Director, Community Planning, North York District, subject to the Draft Zoning By-law being amended to include the following provision:

a.         That the 12 units fronting Wilson Avenue, to be used for “both commercial and residential purposes”, be defined as “either commercial or live work units” and such units be required to display signage to denote their commercial component.

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.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Section 37 Agreement with the City, to the satisfaction of the City Solicitor, to provide or fund the following facilities, services and/or matters:

a.         in support of the Wilson Avenue Streetscape Study, a cash contribution of $20,000 for streetscape improvements in the immediate vicinity of the site as follows:

i.          street tree replacement/installation along both sides of Wilson Avenue beyond the subject property where opportunities exist within the City’s right-of-way.  Specifically, adjacent to the TTC parking lot from Allen Road to Wilson Heights Boulevard on the north side of Wilson Avenue, on the west side of Wilson Heights Boulevard on the north side of Wilson Avenue to a point in alignment with the centreline of Ansford Avenue, and across the frontage of the TTC parking lot from the Allen Expressway to the northwest corner of the applicants property on the south side of Wilson Avenue; and

ii.         replacement of asphalt with decorative concrete or unit pavers in the boulevard along Wilson Avenue beyond the subject property where opportunities exist in the locations identified in i. above;

b.         a cash contribution of $150,000 or 0.5%, whichever is greater, for an on-site public art installation under the Percent for Public Art Program; and

c.         a cash contribution of $400,000 for recreational capital facilities in Ward 10, the specific expenditure of these funds is to be determined through discussions between the Ward Councillor, Parks, Forestry and Recreation staff, City Planning staff and other City Divisions as required.

4.         City Council require that direct pedestrian access be provided from the property to the adjacent commuter parking lot, subject to the location being determined by staff in consultation with the local Councillor, and that the condominium corporation maintain the portion of the direct access on their lands and the City maintain the portion of the direct access on City land.

5.         City Council require that the building be subject to the TTC Transit Pass Policy. 

North York Community Council held a statutory public meeting on February 9, 2010, and notice was given in accordance with the Planning Act.

This application was made on June 5, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to rezone the subject lands to permit a mixed-use condominium development on the southwest corner of the intersection of Tippet Road and Wilson Avenue.  The proposal is for a 7-storey base building with ground floor commercial units and two-storey residential units that could be used for commercial purposes.  An additional 6-storey tower is proposed at the west end of the site and an additional 7-storey tower is proposed at the east end.

This report reviews and recommends approval of the application to amend the Zoning By-law for this property.

North York Community Council recommends that:

1.         In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner may approve the draft plan subdivision, as generally illustrated on Attachment 2 to the report (January 21, 2010) from the Director, Community Planning, North York District, subject to:

a.         the conditions as generally listed in Attachment 3 to the report (January 21, 2010) from the Director, Community Planning, North York District, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration;

b.         the applicant agreeing to address all Technical Services' requirements and adhering to all Technical Services Conditions to the satisfaction of the Executive Director of Technical Services;

c.         the applicant fulfilling all Technical Services Conditions prior to the release of the plan of subdivision for registration; and

d.         such revisions to the proposed plan of subdivision or additional or modified conditions as the Chief Planner may deem appropriate to address matters arising from the ongoing technical review of the development.

2.         City Council direct the City Solicitor, in consultation with the Chief Planner and Executive Director City Planning, the Executive Director of Technical Services, and other appropriate staff, to report to the Planning and Growth Management Committee on the City-wide implications of Ontario Realty Corporation (ORC) advising the City that ORC and Infrastructure Ontario will not be able to provide indemnities, letters of credit or deposits on any Provincial projects.

3.         City Council direct City staff to continue to seek appropriate and reasonable indemnities, letters of credit or deposits on this application, and the related rezoning and site plan control applications, in order to protect the City’s interests.

North York Community Council held a statutory public meeting on February 9, 2010, and notice was given in accordance with the Planning Act.

This application was made on February 2, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This subdivision application for 1201 Wilson Avenue is to allow for the establishment of development blocks and public streets to provide for the future development of a Provincial campus which will include institutional, office and accessory commercial uses including the proposed Humber River Regional Hospital, the Forensics Centre and Coroners’ Complex and Provincial office buildings.

This report advises that the Chief Planner may approve the Draft Plan of Subdivision.

North York Community Council:

1.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking at anytime on the south side of Coldstream Avenue from Glenmount Avenue to a point 80 metres east thereof.

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

The area residents on the north side of Coldstream Avenue from Bathurst Street to Glenmount Avenue, have expressed concern that vehicles parked on north side of the roadway between 519 and 527 Glenmount Avenue restricts two way traffic flow and access to the residential driveways.

Currently parking on Coldstream Avenue between Bathurst Street and Glenmount Avenue is permitted for maximum periods of three hours on the south side of and parking is prohibited at anytime on the north side.  It should be noted that angle parking is provided on the south side the roadway from Bathurst Street to 519 Glenmount Avenue for the area residents. A municipal sidewalk is located on the south side of the roadway.

Transportation Services Division staff  have confirmed that when vehicles are parked on the north side of the road two-way traffic is restricted, particularly for large vehicles including emergency services and other service vehicles. In addition, the pavement width of the roadway between 519 and 527 Coldstream Avenue is narrower then the pavement width adjacent to the angle parking, thus creating a bottleneck in the roadway.  In this regard Staff has indicated their support to install No Parking Anytime prohibitions on the south side of Coldstream Avenue, from Glemount Avenue to a point 80 metres east thereof.

The installation of parking restrictions on the north side of Coldstream Avenue will improve both the flow of two-way traffic and the pedestrian environment.

It should be noted that all costs associated with the amendments of parking regulations will be included within the Transportation Services Division’s 2010 Operating Budget estimates.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor to appeal the Consent and Minor Variance decisions to the Ontario Municipal Board, regarding 194 Burnett Avenue.

The owner of 194 Burnett Avenue, submitted a consent application to the North York District Committee of Adjustment for the division of a parcel of residential lands into two (2) parts for the creation of a new residential building lot.

The owner of 194 Burnett Avenue, also submitted two (2) minor variance applications to permit the construction of a new two storey dwelling on each of the newly created lots.

Variances were requested with respect to lot frontage, lot area, lot coverage, finished first floor elevation, height, and east and west internal side yard setbacks, for each of the proposed dwellings.

The Committee of Adjustment for the City of Toronto (North District) approved the Consent application and the associated Minor Variance applications at the February 3, 2010 meeting.

Planning staff commented that the proposed lots would be the smallest lots within the study area and that the proposed dwellings would not be in keeping with the physical character of the area.

The last date to file an appeal against the decision of the Committee of Adjustment for the Consent decision is March 2, 2010.

The last date to file an appeal against the decision of the Committee of Adjustment for the Minor Variance decisions is February 23, 2010.

The Councillor is requesting the City of Toronto appeal the decisions of the Committee of Adjustment.

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

North York Community Council recommends that:

1.         City Council authorize and direct the Chief Planner and Executive Director, City Planning Division, to defer payment of all planning application fees until such time as the amount of gross floor area in each phase of development to be comprised of non-profit housing is known and the fees for the market housing can be determined.

2.         City Council grant authority to enter into an agreement with TCHC setting out the terms and conditions of the deferment, acceptable to the Chief Planner and Executive Director, City Planning Division and in a form acceptable to the City Solicitor.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board Hearing in opposition to the granting of the three minor variances in the matter A0427/09NY - 246 Holmes Avenue, and further that the City Solicitor be instructed not to oppose the minor variance for the maximum building length of 17.07m provided the applicant withdraws its request for the two minor variances to the minimum sideyards.

North York Community Council requested that:

1.         Given that Cadillac Fairview has made their previous Offers of Settlement public and in the interest of appropriate transparency and consulting with the Community, City officials be requested to obtain the consent of all parties to any Settlement to release the terms of any such Settlement as soon as possible and before the next meeting of Toronto City Council.

On October 1st, 2009, the Toronto City Council voted against the application by Cadillac Fairview for Phase II of the Don Mills Centre Redevelopment.  One of the main issues Councillors had with the development was the proposed densities on the properties which were in the range of 4.2 times coverage and 4.6 times coverage.  The proposed densities and heights were similar to those approved along the subway line around Sheppard Ave.  Cadillac Fairview appealed to the Ontario Municipal Board (“OMB”), and a seven-week hearing is scheduled for April 2010.

Recently, I was informed that an agreement was reached with the Provincial Facilitator between the City, Cadillac Fairview, Friends of Don Mills and DMRI. 

This matter may be the subject matter of a report to be presented at the next meeting of City Council.  This report may be presented as an “in camera” matter.

Given the importance this development will have on the Don Mills Community, the terms of any proposed Settlement must be made public.  Residents and other interested parties must have the opportunity to provide their input and comments with regard to any application that will be approved by Toronto City Council.