Friday, March 12, 2010

TODAY'S OMB PRE-HEARING CONFERENCE REF LAND TITLE


Today was the OMB prehearing conference for the adjudicator to review Dunpar’s progress with resolving the significant discrepancy issue between the 1909 and 2006 surveys of the property.  On December 2009, the developer applied to the Director of Land Titles for absolute title and, to date, that has not been resolved.   
The Ministry of Natural Resources, as an adjacent landowner, has commented on the application and is in discussion with Dunpar over a claim they have, as a public body, on some of the lakefill portion of the site.  Through our political representatives, the community has requested that the Province and the City secure any surplus land identified in this claim for public realm parkland as indicated by the G zoning in the City’s records and the policies of the Official Plan.
Dunpar believes that an agreement or a hearing will determine title by May 21st.  If that occurs, the developer will submit to the parties at the OMB hearing (the City, TRCA and Ken Tilden) a title reference plan and a revised site drawing with any updated measurements and statistics.
The continuation of the OMB hearing has been set for 10 a.m. June 14th and is scheduled for nine days with the same adjudicator, Mr. Aker.  Depositions and exhibits submitted last November still stand and the 16 participants are still recorded and able to speak in June. A speaking schedule for participants will be set on the first day for later in the week.

3 comments:

  1. another concerned neighbourMarch 16, 2010 at 10:31 AM

    I have a question about procedure. If the hearing does not determine title, would this impact significantly the dimensions of the building plan? If so, wouldn't this be a new proposal that should go back through the community process? My other question is, why does Dunpar believe an agreement or hearing will determine title such that revisions won't be significant enough to return to the community process.

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  2. It all depends on how much public land the MNR claims and whether it is sold to Dunpar or kept in the public realm. If you think the City should hold on to any surplus public land, let the Councillor know. If enough of the property is unavailable for building, then I believe the OMB adjudicator would throw out the application as it stands and the whole process would start all over again.

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  3. It should be duly noted that any lands designated "G" under City of Toronto zoning would be public space automatically (i.e. publicly-owned land).

    Private property is never designated under "G" zoning.

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