49 Felstead Avenue - Zoning Matter

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The decision

2022-01-06 · Toronto and East York Community Council · adopted

As filed

The Toronto and East York Community Council: 1. Directed the Deputy Chief Building Official, the City Solicitor, the Director of Investigation Services, Municipal Licensing and Standards, and the Acting Director, Zoning to report to the February 16, 2022 meeting of the Toronto and East York Community Council on the current zoning status of 49 Felstead Avenue and what actions have been taken by the city between 2018 and

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2021 to ensure compliance, and what further action the city can take to bring any non-compliant zoning elements into compliance.

On the agenda

As the city filed it

I hope to have your support in getting to the bottom of an issue that has troubled many of my residents for over three years. The soccer field at the TCDSB St. Patrick's School, at 49 Felstead Avenue has been licensed/leased to a commercial enterprise who rents out the field to individuals, groups and sports leagues. This field backs directly onto the houses all along the north side of Torbrick Road with most separated from the field by only a few metres.

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Additionally there is a seniors residence immediately west of the field. Partially due to the proximity of the field to the homes and backyards in this Old Riverdale neighbourhood and partially due to the level and duration of activity on the field the impacts on local residents are considerable and they date back to summer of 2018. They include: • Permitting field use to 11 p.m. rather than the 9 pm cut off for other TCDSB fields • Excessive noise from games including piercing whistles, yelling and swearing disturbing children's sleep and quiet enjoyment of residents' homes and yards • Balls frequently entering private back yards over the fence and netting • Bright lights shining into second storey bedroom windows until 11pm • Lack of TCDSB control of the field including supervision during the evening and weekend hours In May 2018 residents began contacting me with their concerns when they were not receiving responses from the TCDSB administration or the local trustee. In June 2018 after a deluge of calls and emails from constituents, I hosted a meeting and invited senior staff from TCDSB as well as MPP Peter Tabuns and Joe Magalhaes, District Manager of Municipal Licensing and Standards (MLS). Since then City Legal, MLS, and Buildings have all been involved but to date the field continues to be in use and the impacts on the local residents have not been mitigated in any way. The residents are understandably frustrated. They agreed to mediation with the commercial operator and the Toronto Catholic District School Board at the suggestion of City Legal with the hope of an equitable resolution but it was halted due to the zoning issue taking precedence from the city's perspective and needing to be resolved first. The school and the local residents were good neighbours for many years and I would like to see that restored. Confirming the status of the zoning and clarifying whether or not the commercial use of the field is compliant is an important first step in bringing this issue to a resolution and I am asking for your support of my request to staff.

Staff recommended

Councillor Fletcher recommends that the Toronto and East York Community Council: 1. Direct the Deputy Chief Building Official, Toronto and East York, the City Solicitor, the Director of Investigation Services at Municipal Licensing and Standards, and the Acting Director, Zoning to report to the February 16th meeting of TEYCC on the current zoning status of 49 Felstead Avenue and what actions have been taken by the city

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between 2018 and 2021 to ensure compliance, and what further action the city can take to bring any non-compliant zoning elements into compliance.

On the record

The item as the City filed it

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