3-5 Marina Avenue - Development Charges Complaint

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.