Item - 2023.TE8.14

Tracking Status

This item was considered by Toronto and East York Community Council on October 18, 2023 and was adopted with amendments. City Council has delegated authority for this matter to the Toronto and East York Community Council and therefore, the decision is final.

TE8.14 - Noise Exemption Permit Refusal Appeal - 45 Strachan Avenue - C354688

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 10 - Spadina - Fort York

Community Council Decision

The Toronto and East York Community Council:

1. Refused the noise exemption permit application submitted by EllisDon Corporation for Man and Material Hoist Start Up/Safety and Movement of Personnel from 6:30 a.m. to 7:00 a.m. Monday to Friday for the project located at 45 Strachan Avenue.

Origin

(September 28, 2023) Report from the Director, Bylaw Enforcement, Municipal Licensing and Standards

Summary

The matter before the Community Council is an appeal application for a noise exemption permit submitted by EllisDon Corporation for Man and Material Hoist Start Up/Safety and Movement of Personnel from 6:30 am to 7:00 am Monday to Friday.

The project, located at 45 Strachan Avenue, Toronto, also known as 45 Strachan Avenue is a 39 -storey residential/commercial rental tower with 433 units.

The noise exemption permit was requested for the start-up and safety of the Man and Material (M&M) Hoist by having the operator run it and conduct safety checks which includes running the hoist up and down the mast. This operation is to start at 6:30 am (Mondays to Fridays only) and following the completion of the safety check personnel can use the Hoist to their designated floor to start work at 7:00 am.

The noise permit is specifically requested to remove the restriction of bylaw § 591-2.3.(1), which restricts construction noise between 7pm to 7am, Monday to Friday.

The application was refused by Municipal Licensing and Standards (ML&S) on the basis of the Ward Councillor's objection. The applicant has appealed the refusal.

As required for the appeal process, this staff report provides information to assist in the decision making for which Toronto and East York Community Council has delegated authority from City Council to make a final decision, namely a final decision under Toronto Municipal Code Chapter 591, Noise (Noise By-law) to either grant or refuse a noise exemption permit application given the appeal.

If the Community Council grants the noise exemption permit application, it is subject to the conditions set out in § 591-3.2.D of the Noise By-law, unless the Community Council determines otherwise, and to any other conditions respecting health, safety and nuisance as the Community Council considers advisable.

Background Information

(September 28, 2023) Report and Attachments 1-3 from the Director, Bylaw Enforcement, Municipal Licensing and Standards on Noise Exemption Permit Refusal Appeal - 45 Strachan Avenue - C354688
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-239571.pdf

Communications

(October 17, 2023) E-mail from Pegah Moghani (TE.Supp)

Speakers

Pegan Moghani, EllisDon Corporation

Motions

Motion to Adopt Item as Amended moved by Deputy Mayor Ausma Malik (Carried)

That the Toronto and East York Community Council:

1. Refuse the noise exemption permit application submitted by EllisDon Corporation for construction noise for a 39 storey residential project at 45 Strachan Avenue.