Authority for a Limiting Distance Agreement between 4330 Dufferin Street and 4340 Dufferin Street - by Councillor James Pasternak, seconded by Councillor Jamaal Myers

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The decision

2023-06-14 · Toronto City Council · adopted

As filed

City Council on June 14 and 15, 2023, adopted the following: 1. City Council authorize the Acting Chief Building Official and the Executive Director, Toronto Building, on behalf of the City, to negotiate, to enter into and to execute a Limiting Distance Agreement with the owner of 4340 Dufferin Street, a private parcel of land that abuts to the north the City-owned land known municipally as 4330 Dufferin Street (as shown

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in Attachment 1 to Member Motion MM7.18), to enable the City's construction of a solar carport at 4330 Dufferin Street, all on terms and conditions that are acceptable to the Chief Building Official and the Executive Director (Acting), Toronto Building and in a form satisfactory to the City Solicitor.

On the agenda

As the city filed it

The Chief Building Official requires authority to enter into and execute a Limiting Distance Agreement with the owner of 4340 Dufferin Street (as shown in Attachment 1), to enable the City's construction of a solar carport on its lands at 4330 Dufferin Street. Solar Carport Project Multiple City Divisions are involved in a retrofit project at Emergency Services Headquarters to help the City achieve its climate change mandates at one of the most critical buildings in the City's portfolio.

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This retrofit is expected to result in an estimated 65 percent reduction in Green House Gas emissions, and a 55 percent reduction in energy use at the site, and to help meet TransformTO Leading by Example targets for City buildings. All measures for this $6.6M deep retrofit project are now complete apart from the construction of the solar carport. Limiting Distance Agreement The Limiting Distance Agreement is necessary to comply with the prescriptive requirements in Sentence 3.2.3.1, Division B, of the Building Code. Specifically, the Limiting Distance Agreement will effectively set back future development at 4340 Dufferin Street 3 metres from the southern property line (as shown in Attachment 1), as the proposal is to build on the existing parking structure to the property line. Council Authority Required Under the Toronto Municipal Code, Chapter 363, Building Construction and Demolition, the Chief Building Official currently has authority to approve entering into Limiting Distance Agreements under the Building Code where the City is not an owner of the property. However, in circumstances where the City is also one of the landowners, City Council has not expressly delegated authority for the Chief Building Official, as the regulator of building construction, to approve entering into Limiting Distance Agreements or execute such Agreements on behalf of the City. Proposal Urgency This Matter is urgent as there are significant financial and contractual impacts as purchase orders for the work have been issued. Phase 2 of solar carport construction is scheduled to start July 03, 2023.

Staff recommended

Councillor James Pasternak, seconded by Councillor Jamaal Myers, recommends that: 1. City Council authorize the Chief Building Official and Executive Director (Acting), Toronto Building, on behalf of the City, to negotiate, enter into and execute a Limiting Distance Agreement with the owner of 4340 Dufferin Street, a private parcel of land that abuts to the north the City-owned land known municipally as 4330 Dufferin

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Street (as shown in Attachment 1), to enable the City's construction of a solar carport at 4330 Dufferin Street, all on terms and conditions that are acceptable to the Chief Building Official and Executive Director (Acting), Toronto Building and in a form satisfactory to the City Solicitor.

On the record

The item as the City filed it

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