Item - 2024.EX14.4

The Executive Committee recommends that:

1. City Council determine that the Development Charges By-law have been properly applied to the development project located at 3-5 Marina Avenue.

2. City Council dismiss the complaint dated October 11, 2023, with respect to 3-5 Marina Avenue filed pursuant to Section 20 of the Development Charges Act, 1997 and Section 257.85 of the Education Act.

3. City Council authorize City Staff to defend any appeal of City Council’s decision or non decision to the Ontario Land Tribunal.

The Executive Committee held a statutory public meeting on May 14, 2024, 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 and Section 257.85 of the Education Act, relating to a development project located at 3-5 Marina Avenue in Etobicoke-Lakeshore.

The development project consists of the demolition of an existing single detached dwelling and the creation of two semi-detached dwellings, each containing one secondary dwelling unit. The complainant, Dan Iannetti, objects to the amount of development charges and education development charges calculated. The complainant asserts that the development charges were incorrectly calculated at the ‘Singles & Semis’ rate, instead of the ‘Multiples 1 Bedroom and Bachelor’ rate. Additionally, the complainant states that education development charges were incorrectly calculated as an additional demolition credit was not provided for their existing basement apartment. Thirdly, the complainant claims that delays to schedule hearings and the City to clear planning conditions resulted in having to pay increased rates on development charges and education development charges.

City staff have reviewed the complaint and are of the opinion that the Development Charges By-law ("DC By-law") was applied properly, and no error was made in determination of the applicable development charges. Staff have reviewed the building permit application along with documentation submitted by the complainant, and believe the development was correctly categorized as two semi-detached dwellings, each with one secondary dwelling unit, and so the ‘Singles & Semis’ rate applies. The development does not meet the definition of a multiple dwelling unit; therefore the ‘Multiples 1 Bedroom and Bachelor’ rate does not apply.

After review, City staff have determined that the Education Development Charges By-law (“EDC By-law”) was correctly applied. The EDC By-law outlines that credits are applied where an education development charge has previously been paid. In this case, an education development charge was not previously paid for the basement apartment in the existing detached house. Therefore, the complainant is not entitled to an additional education development charge credit since an education development charge was not previously paid.

In addition, according to the DC By-law and EDC By-law, development charges are calculated at the time of permit issuance, therefore calculations are not backdated due to scheduling/administrative delays in planning or building permit approvals.

This report recommends that the complaint be dismissed. A decision or a non-decision of Council to dismiss the complaint may be appealed to the Ontario Land Tribunal (OLT). This report was prepared in consultation with the (Acting) Chief Building Official and Executive Director, Toronto Building and the City Solicitor.