Item - 2023.TE4.15

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 at 21-33 Sherbourne Street North, as generally illustrated on Attachment 2 to the report (March 22, 2023) from the Acting Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

2. Prior to the introduction of the Part Lot Control Exemption Bill for enactment, City Council require the owner to:

a. provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor; and

b. register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to convey or charge any part of the lands described in Schedule A in Attachment 3 to the report (March 22, 2023) from the Acting Director, Community Planning, Toronto and East York District without the written consent of the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from all or any portion of the lands in the City Solicitor's sole discretion after consulting with the Chief Planner and Executive Director, City Planning at such a time as confirmation is received that the Common Elements Condominium has been registered to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title to the lands or any portion thereof against which the Section 118 Restriction under the Land Titles Act has been registered.

5. 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.

6. City Council authorize City staff to take necessary steps, including the execution of agreements and documents which set out the implementation of the Part Lot Control Exemption By-law to give effect to Recommendations 1 to 5 above.

This report reviews and recommends approval of the Part Lot Control Exemption application to permit the creation of five residential lots at 21-33 Sherbourne Street North. The five lots will be Parcels of Tied Land (POTLs) associated with a Common Elements Condominium, which includes a below-grade parking garage, access stairwells, and servicing elements.

The Part Lot Control Exemption application implements the site specific Zoning By-law and Site Plan approval for the site. The report also recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act against the subject lands to ensure that no part of the lands can be conveyed or mortgaged without prior consent of the Chief Planner and Executive Director, City Planning.