Item - 2020.TE15.6

The Toronto and East York Community Council recommends that:

1. City Council enact a Part-Lot Control Exemption By-law with respect to the Subject Lands, as generally illustrated on Attachment 2 to the report (May 22, 2020) from the Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following the enactment of the Part-Lot Control Exemption By-law.

2. City Council require the owner to provide proof of payment of all current property taxes for the Subject Lands to the satisfaction of the City Solicitor, prior to the enactment of the Part-Lot Control Exemption By-law.  

3. Prior to the introduction of the Part-Lot Control Exemption By-law, City Council require the owner to register on title to the Subject Lands, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the Subject Lands without the written consent of the Chief Planner and Executive Director, City Planning or designate.

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

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

6. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part-Lot Control Exemption By-law as may be required.

This application for part-lot control (File No. 19 237491 STE 14 PL) (the "Application") has been submitted to facilitate the registration of a draft-approved plan of common elements condominium (the "Plan of Condominium") comprised of five freehold three-storey townhouse units and a shared private driveway, as contemplated by condominium application No. 15 115050 STE 30 CD (the "Condominium Application") at 71-81 (formerly 71-73) Saulter Street (the "Subject Lands"). The development has already been constructed.

In particular, the Application requests exemption from the part-lot control provisions of the Planning Act in order to rectify an error made in the earlier creation of the five parcels of tied land (the "POTLs") and private driveway comprising the common elements portion of the Plan of Condominium (the "Condominium Driveway"), as described in greater detail in this report.

This report reviews and recommends approval of the Application.  The Application, which reflects the same proposal as the draft-approved Plan of Condominium, is consistent with the Provincial Policy Statement (2020) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019) and the City of Toronto’s Official Plan. The lifting of part-lot control for a period of two years is appropriate for the implementation of the Plan of Condominium and for the orderly development of the Subject Lands.

The report additionally recommends that the owner of the Subject Lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the Subject Lands without prior consent of the Chief Planner and Executive Director, City Planning or his/her designate.