Item - 2022.EX31.14

The Executive Committee recommends that:

1. City Council determine that the Development Charges By-law has been properly applied to the development project located at 337 Maple Leaf Drive.

2. City Council dismiss the complaint dated October 25, 2021, with respect to 337 Maple Leaf Drive filed pursuant to Section 20 of the Development Charges Act, 1997.

The Chief Building Official, Toronto Building, gave a verbal presentation on the Item.

The Executive Committee held a statutory public meeting on March 30, 2022, and notice was given in accordance with the Development Charges Act.

This report responds to a complaint filed pursuant to Section 20 of the Development Charges Act, 1997 relating to a development project located at 337 Maple Leaf Drive.

The development project consists of a one storey addition and interior alterations to convert an existing one storey storage building to a single family dwelling. The complainant asserts that development charges should not apply to the application as they were paid in the form of lot levies when the lot was created in 1980. Additionally, the complainant claims that the existence of a building permit for construction of a detached garage issued in 1980 satisfies an implicit provision within the Development Charges By-law ("DC By-law") that development charges are not applicable to residential lots that have an existing building permit.

City staff have reviewed the complaint and are of the opinion that the Development Charges By-law was applied properly and no error was made in determination of the applicable development charges. Staff believe the project falls within the definition of development under the DC By-law, requiring one or more of the actions referred to in section 415-5, namely the issuing of a permit under the Building Code Act. Where a building permit is being issued for construction of a building, it is considered a development and development charges are applicable unless an exemption applies.

Where a demolition permit is issued within a 60-month period immediately prior to the date of submission of a complete building permit application with respect to a building or structure to be converted from one principal use to another principal use on the same land, the DC By-law provides for a reduction that can be applied against development charges deemed payable. As no demolition permit was issued within this 60 month time frame on the structure at 337 Maple Leaf Drive, the redevelopment reduction cannot be applied.

This report recommends that the complaint be dismissed. A decision of Council to dismiss the complaint may be appealed to the Ontario Land Tribunal (OLT). This report was prepared in consultation with the Chief Building Official and the City Solicitor.