Item - 2022.TE34.78

The Toronto and East York Community Council:

1.  City Council approve the applications to demolish the existing residential buildings at 1 and 3 Close Avenue subject to the following conditions:

a. The owner shall apply for, and receive approval of, a Rental Housing Demolition permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the four (4) existing rental dwelling units at 1 and 3 Close Avenue;

b. That construction fences be erected in accordance with the provisions of the Municipal Code, Chapter 363, Article 7, if deemed appropriate by the Chief Building Official;

c.  That all debris and rubble be removed immediately after demolition;

d.  That sod be laid on the site and that the site be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 629-10, paragraph B and 629-11; and

e.  That any holes on the property are backfilled with clean fill. 

2. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of a future Rental Housing Demolition Permit, as required in Recommendation 1.a. above, for the demolition of the four (4) existing rental dwelling units at 1 and 3 Close Avenue subject to the following:

a. The owner shall provide and maintain replacement rental dwelling units having a minimum total gross floor area of 545 square metres to replace the four (4) existing rental dwelling units proposed to be demolished at 1 and 3 Close Avenue as part of any future development on any of the lands at 1, 3, 5, 7, 9, 11, 13, 15, and 17 Close Avenue, 74 and 78 Springhurst Avenue, and 74 and 82 Dunn Avenue (the "Lands") for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental unit or convert any replacement rental unit to a non-residential rental purpose. The location, unit mix, and unit sizes of the replacement rental units shall be determined as part of the application review process for any future planning application for the Lands, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide and maintain the replacement rental dwelling units required in Recommendation 2.a. above at rents that are no higher than one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent Rental Market Survey, for a period of at least 10 years beginning from the date of first occupancy of each replacement rental unit, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

c. The owner shall enter into, and register on title to the Lands, one or more agreement(s), including, if necessary, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 2.a. and 2.b. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the Chief Planner and Executive Director, City Planning to issue a future Rental Housing Demolition Permit, as required in Recommendation 1.a above and subject to the conditions in Recommendations 2.a. through 2.c. above, for the demolition of the four (4) existing rental dwelling units at 1 and 3 Close Avenue after all of the following have occurred:

a. the conditions in Recommendations 2.a. and 2.b. above has been secured though the agreement(s) required in Recommendation 2.c above; and

b. the Zoning By-law Amendments for 74, 82, 130, 150, 160, and 162 Dunn Avenue, 1, 3, 5, 7, 9, 11, 13, 15, and 17 Close Avenue, 74 and 78 Springhurst Avenue, as approved in principle by City Council at its meeting of October 27, 28, and 30, 2020, have come into full force and effect.

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue  a permit to demolish the two 2.5-storey semi-detached houses pursuant to Section 33 of the Planning Act and the City of Toronto Municipal Code, Chapter 363, Article 6 "Demolition Control" after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 3 above.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority to make a final decision.

In accordance with Section 33 of the Planning Act and the City of Toronto Municipal Code, Ch. 363, Article 6 "Demolition Control,"  the applications for the demolition of two existing 2.5-storey semi-detached dwellings at 1 and 3 Close Avenue (Application Nos. 22 130199 DEM 00 DM and 22 130324 DEM 00 DM) are being referred to the Toronto and East York Community Council for consideration to refuse or grant the application, including any conditions, if any, to be attached to the permit applications because a building permit has not been issued for a replacement building and because Toronto Building received a written objection.

This report recommends referral of the residential demolition applications for
1 and 3 Close Avenue to City Council for a Decision and that City Council amend the recommendations in the June 10, 2022 report from the Director and Deputy Chief Building Official, Toronto Building such that any approval of the residential demolition applications for 1 and 3 Close Avenue be conditional on the owner applying for, and receiving approval of, a Rental Housing Demolition permit under Chapter 667 of the Toronto Municipal Code, and that City Council authorize the Chief Planner to issue Preliminary Approval of a future Rental Housing Demolition permit for 1 and 3 Close Avenue after Zoning By-law Amendments for 74, 82, 130, 150, 160, and 162 Dunn Avenue, 1-17 Close Avenue, and 74 and 78 Springhurst Avenue have been enacted, and on condition that the owner (current or future) replace the existing affordable rental gross floor area at 1 and 3 Close Avenue within any future development on the lands.

The residential demolition applications are being referred to City Council for approval because the proposed demolition involves part of a residential property that contains six or more dwelling units. Under Chapter 667 of the Toronto Municipal Code, City Council also has the authority to impose conditions on an approval of a future Rental Housing Demolition application requiring the applicant to replace the rental units at similar rents and to enter into, and register on title to the site, an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure such conditions.