RECOMMENDATION:
That Council enact a bylaw to designate Lot 16, Plan M-1812 and Lot 35, Plan M-1807, Town of Markham, which shall be deemed not
to be 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 the Planning Act which
would allow the Owner of Lot 16, Plan M-1812 and Lot 35, Plan M-1807, to obtain
a building permit in accordance with Building Code
Act.
BACKGROUND:
Novapharm Limited, currently located in an existing
building at 575 Hood Road (Lot 16, Plan M-1812) acquired the adjacent southerly
lot (Lot 35, Plan M-1807), municipally known as 7500 Warden Avenue, and is
proposing to construct a 12,399m2
(133,466ft2) addition to the existing 6,755m2 (72,713ft2)
industrial building. The proposed addition extends from the existing
building onto the adjacent lot. Site plan approval for the addition was
granted on March
1, 2004. The
Owner also obtained minor variances in March 2004 from the Committee of
Adjustment for the proposed building to conform to the Town’s Zoning By-laws.
The Building Code Act requires any building
located on more than one lot to be connected separately to the municipal
services from each lot. Notwithstanding
Novapharm owns both lots, each lot is a separate property which can be
conveyed. The proposed connections of
water distribution piping and sanitary building drains serving the existing
building and addition traverse the property line between the two lots and do
not connect to the municipal system separately as required by the Building
Code.
Staff have proposed a solution to the
Owner whereby the Town would pass a bylaw under the Planning Act to deem
Lot 16
and Lot 35
not be lots on a registered plan of subdivision. The effect is to merge Lot 16 and Lot 35 into a single
parcel. Any future division of Lot 16 and 35 from the merged
parcel would require consent or part lot control exemption. This would allow the Owner to obtain a permit
for the proposed construction. The Owner
has agreed to this course of action.
OPTIONS/DISCUSSION:
The existing building is
connected to the municipal water main at 575 Hood Road. The applicant proposes to extend the water
distribution piping within that building into the addition located at 7500
Warden Avenue.
Similarly, the applicant proposes to connect the existing building and
the addition to a new sanitary connection located at 7500
Warden Ave.
This proposal would contravene Articles 7.1.6.1. and
7.1.6.3. of the Ontario
Building Code.
Lots 16 and 35 are separate lots on a plan of subdivision. As such, the Owner could convey either Lot without the need for severance.
The proposed servicing of the buildings is therefore prohibited under
the Building Code Act.
Merging of the properties into
one legal lot would resolve this problem.
Accordingly, staff has
proposed the two lots be merged so that a building permit can be issued for the
proposed addition. This can be
accomplished by the Town enacting a bylaw pursuant to Subsection 50(4) of the Planning
Act, which would deem Lots 16 and 35 not to be lots on a registered plan of
subdivision. The Planning Act requires the following steps to be taken
after the bylaw is enacted:
- A
copy of the bylaw is to be lodged by the Clerk with the Minister of
Municipal Affairs and Housing;
- Notice
of the bylaw is to be given to the Owner within thirty (30) days of the
passing thereof. The Owner may then make representations respecting the
bylaw to Council. In this case, the bylaw 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
bylaw at the earliest possible opportunity so that the Owner may be issued
a building permit;
- Bylaw
to be registered on title. The bylaw comes into effect upon registration
on title
Once the bylaw is enacted and registered on title, the Owner would not
be able to convey either lot separately without first obtaining a severance.
This solution would enable the Owner to obtain a building permit under the Building
Code Act. Merging the two lots will
not require any additional variances.
Staff has discussed this matter with the Owner and
he has agreed to the proposed course of action as outlined in this report.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
Building Department has been consulted in the preparation of this report.
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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FILE PATH: Q:\Development\Planning\APPL\SITEPLAN\03 117169 novopham\Novapharm
Report.doc
ATTACHMENTS: Figure 1
– Location Map
Figure
2 – Site Plan
AGENT: Jan-Willem Gritters
Shore Tilbe
Irwin Architects
20 Duncan Street, Suite
200
Toronto ON M5H 3G8
Tel:
416-971-6060, Fax: 416-971-6765
Figure 1
