DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Nilesh Surti, Planner ext. 4190

 

 

 

 

DATE OF MEETING:

2004-Dec-07

 

 

 

 

SUBJECT:

Fairmount Books Inc.

100 Duffield Drive

Lots 11 & 12, Plan 65M-2813

File No.  SC 04 025667

 

 

 

 

RECOMMENDATION:

That Council enact a by-law to deem Lots 11 and 12, Registered Plan 65M-2813 not to be part of a registered plan of subdivision, and that staff take appropriate action as required under Section 50 of the Planning Act.

 

PURPOSE:

The purpose of this report is to enact a by-law under Section 50 of the Planning Act to allow the Owner of Lots 11 and 12, Plan 65M-2813 to construct a 2,429 m2 (26,146.4 ft2) addition to the existing industrial building at 100 Duffield Drive in accordance with the requirements of the Building Code Act.

 

BACKGROUND:

The subject property is located on the north side of Duffield Drive west of Kennedy Road, municipally known as 100 Duffield Drive (see Figures 1 & 2).  The Owner is proposing to construct a 2,2429 m2 (26,146.4 ft2) addition to the existing 2,992 m2 (32,206.7 ft2) industrial building (see Figure 3)  Site plan approval for the existing industrial building was granted on July 10, 1998, which permitted the easterly quarter of the building to extend across the mutual property line.

 

The Building Code Act requires buildings located on separate properties to be connected separately to the municipal services.  Notwithstanding the fact that Fairmount Books Inc. owns both Lots, each lot is a separate property, which can be conveyed separately.  The proposed connection of water distribution piping and sanitary building drains serving the proposed addition traverse the property line between the two lots and do not connect to the municipal system separately, as required by the Building Code Act.

 

At the time of the initial site plan approval, Lots 11 and 12 were not required to be merged because the water distribution piping and sanitary building drains serving the existing building did not traverse the property line between the two lots.  As a result, the Owner was only required to obtain the necessary minor variances for side yard setbacks, parking and landscaping in order to comply with the Town’s zoning provisions.  The new addition will require the water distribution piping and sanitary building drains to cross the property line; hence, it is necessary to merge Lots 11 and 12 into a single parcel.

 

Staff propose that Council enact a by-law under the Planning Act to deem Lots 11 and 12 to no longer be lots on a registered plan of subdivision.  The effect is to merge Lots 11 and 12 into a single parcel.  Any future division of Lots 11 and12 would require consent to sever or part lot control exemption.  This would allow the Owner to construct the proposed addition in accordance with the Building Code Act.  The Owner has agreed to this course of action.

 

OPTIONS/DISCUSSION:

Merging of the properties into one allows the proposed addition to comply with the Building Code Act.  This can be accomplished by Council enacting a by-law pursuant to Subsection 50(4) of the Planning Act, which would deem Lots 11 and 12 not to be lots on a registered plan of subdivision.  The Planning Act requires the following steps to be taken after the by-law is enacted:

 

  • A copy of the by-law is to be lodged by the Clerk with the Ministry of Municipal Affairs and Housing;
  • Notice of the by-law is to be given to the Owner within thirty (30) days of the passing thereof.  The Owner may then make representations respecting the by-law to Council.  In this case, the by-law is being enacted to accommodate the Owner.  Staff intends to obtain a letter from the Owner waiving his right to make representations to Council.  This would allow the Town to register the by-law at the earliest possible opportunity;
  • The by-law will be registered on title and the by-law will come into effect upon registration on title.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Building and Legal Services departments have been consulted in the preparation of this report.

 

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

FILE PATH:               Q:\Development\Planning\APPL\SITEPLAN\04 025667 fairmount Books\Final Report.doc

 

ATTACHMENTS:    Figure 1 – Location Map

                                    Figure 2 – Air Photo

                                    Figure 3 – Site Plan

 

AGENT:                     Andy Taylor

                                    Weinstein Taylor and Associates

                                    100 Broadview Avenue

                                    Toronto, ON     M4M 3H3

                                    Tel.:  416-463-6662 ext. 24

                                    FAX  416-463-4367

 

 

Figure 1