Item - 2023.SV1.2

Tracking Status

This item was considered by Property Standards - Etobicoke York Panel on November 22, 2022 and was adopted with amendments.

SV1.2 - 787 Jane Street - Folder Number: 22 189978 PRS 00 IV

Decision Type:: ACTION

Status:: Amended

Ward:: 5 - York South - Weston

Panel Decision

The Property Standards Committee, Etobicoke York Panel:

1. Confirmed Item 1 of the Property Standards Order (August 15, 2022) for 787 Jane Street - Folder Number: 22 189978 PRS 00 IV, and in doing so granted an extension of time to December 1, 2023.

2. Confirmed Item 2 of the Property Standards Order (August 15, 2022) for 787 Jane Street - Folder Number: 22 189978 PRS 00 IV.

Decision Advice and Other Information

The Property Standards Committee, Etobicoke York Panel gave the following reasons for its decision:

The Panel confirmed the Order.

Item 1 in the Order made reference to a contravention of section 19.D.(1)(b) of Toronto Municipal Code, Chapter 629, Property Standards. The appeal letter from the Peter L. McMullen, counsel for the Appellant, contended “that the (balcony) openings by their design do not constitute a hazard as provided in section 19(D)(1)(b) of the Property Standards Section of the City of Toronto Code as amended as the openings are of such a size, shape and location that they do not facilitate climbing.” However, the Panel confirmed that there was a contravention of section 19.D.(1)(b).

The Appellant and the Appellants’ counsel advised that the work required to comply with Item 1 would be extensive and would take some time, as most balconies in the building would be impacted. Accordingly, the Panel granted an extension to December 1, 2023 for Item 1.

The appeal letter did not raise issue with compliance with section 19.A. of Toronto Municipal Code, Chapter 629, Property Standards. This section is referenced in Item 2 in the Order.

Origin

(September 6, 2022) Letter from Peter L. McMullen, Peter L. McMullen Professional Corporation, on behalf of the Owner of 787 Jane Street

Summary

Appeal of Property Standards Order (August 15, 2022) for 787 Jane Street.

Background Information

(September 6, 2022) Appeal Letter for 787 Jane Street
https://www.toronto.ca/legdocs/mmis/2023/sv/bgrd/backgroundfile-229724.pdf
(August 15, 2022) Property Standards Order for 787 Jane Street
https://www.toronto.ca/legdocs/mmis/2023/sv/bgrd/backgroundfile-229725.pdf

Communications

(October 11, 2022) Letter from Peter L. McMullen, Peter L. McMullen Professional Corporation, on behalf of the Owner of 787 Jane Street (SV.Main.SV1.2.1)
(November 22, 2022) Submission from Municipal Licensing and Standards (SV.New.SV1.2.2)

Speakers

Christopher Pacheco, Municipal Standards Officer, Municipal Licensing and Standards
Peter L. McMullen, Peter L. McMullen Professional Corporation, on behalf of the Owner of 787 Jane Street

Motions

1 - Motion to Waive the Rules moved by Lawrence Lo (Carried)

That the Property Standards Committee, Etobicoke York Panel, acting under Section 13 of the Rules of Procedure for the Property Standards Committee, as amended:

1. Grant exceptions from the procedures in Section 12.G. and allow Municipal Licensing and Standards to submit as part of the disclosure documents for Agenda Item 2022.SV1.2.

2 - Motion to Amend Item moved by Steven Lewis (Carried)

That the Property Standards Committee, Etobicoke York Panel:

1. Confirm Item 1 of the Property Standards Order (August 15, 2022) for 787 Jane Street - Folder Number: 22 189978 PRS 00 IV, and in doing so grant an extension of time to December 1, 2023.

2. Confirm Item 2 of the Property Standards Order (August 15, 2022) for 787 Jane Street - Folder Number: 22 189978 PRS 00 IV.