I S T REPORT OF THE ILIW LONDON HOUSING ADVISORY COMMITTEE

Meeting held on December 9. 2009, commencing at 12:19 p.m.

PRESENT: B. Sexsmith (Chair), K. Butler, S. Courtice, C. Griffith, S. Joselyn-Fogarty, L. Lake, D. Peckham, J. Stickling and S. Trosow and B. Mercier (Secretary).

ALSO PRESENT: G. Matthews, C. Saunders, L. Stevens, M. Tomiciznic and B. Westlake-Power.

REGRETS: Councillor S. E. Eagle, R. Clarke, M. Connoy, S. Giustiza, J. Pastorius and P. Stewart.

I YOUR COMMITTEE RECOMMENDS:

Near-Campus 1, That the Civic Administration BE REQUESTED to review and report back to the Planning Committee, with a copy of such report to be provided to the London Housing Advisory Committee (LHAC), with respect to the establishment of land use policy, concurrent with the Near-campus Neighbourhood Strategy and associated draft by-law amendments, to promote the creation of additional medium to high density units that are well-served by public transit and convenient to the University of Western Ontario and/or Fanshawe College, to ensure that tenants have access to a sustainable supply of safe and affordable rental accommodations, due to the potential for the supply of rental housing to be constrained, related to the proposed introduction of a 3-bedroom limit; it being noted that the LHAC received the attached presentation from M. Tomazincic, Planner, with respect to this matter and that the LHAC indicated its support in-principal of the above-noted Strategy.

Neighbourhood Strategy

II YOUR COMMITTEE REPORTS:

Election of 2. That the London Housing Advisory Committee (LHAC) elected B. Sexsmith as its Chair and D. Peckham as its Vice Chair for the term ending November 30,2010.

Chair and Vice Chair

Working Group 3, (5) That the London Housing Advisory Committee (LHAC) postponed discussion of a communication from B. Sexsmith, on behalf of the Ontario Realty

Psychiatric Corporation (ORC) Working Group, with respect to the proposed land uses Hospital surrounding the London Psychiatric Hospital, to the next meeting of the LHAC.

Habitat for 4. (7) That the London Housing Advisory Committee (LHAC) postponed London,;c,- discussion of a Notice dated December 2, 2009 from the General Manager of 181-183 Planning and Development, with respect to an application submitted by Habitat for Springbank Humanity, London Inc. relating to the properties located at 181 to 183 Springbank

Drive, to the next meeting of the LHAC.

- ORC - London

Humanity

Drive

Supreme Coufi 5.

Student Housing

(Added) That the London Housing Advisory Committee (LHAC) held a general discussion with respect to an article posted to www.newsdurhamregion.com, and received the attached communication, submitted by the Manager of Legislative Services, from the Supreme Court of Canada with respect to the dismissal of a challenge to the City of Oshawa's regulations related to student housing; it being noted that the LHAC requested the following:

(a)

Dismisses Oshawa

Appeal

the matter noted-above be placed on the next LHAC agenda for further discussion; and,

S. Trosow, LHAC Member, initiate a meeting with the City Clerk to discuss the broader policies surrounding copyright protection, with respect to public agendas.

(b)

Advisoty 6. (Added) That the London Housing Advisory Committee (LHAC) asked its Chair and Vice Chair to meet with the City Clerk and Manager of Legislative Services to review the protocol related to advisory committee agendas.

Committee Protocol

6th Report of the LHAC

lothand 11th Repolts of the CHLC

Rornlex (2007) Development Ltd. - 460 and 460a Springbank Drive

2135458 Ontario Inc. - 297 Adelaide Street South

Next Meeting

LHAC - 2

7. the following:

(a) the 6th Report of the London Housing Advisory Committee (LHAC) from its meeting held on November 4, 2009; noting that the LHAC held a brief discussion relating to clause 3;

(b) (2) the 10th and 11th Reports of the Council Housing Leadership Committee (CHLC) from its meetings held on November 11 and November 24,2009 respectively;

(c) a Notice dated November 19, 2009 from the General Manager of Planning and Development, with respect to an application submitted by Romlex (2007) Development Ltd. relating to the properties located at 460 and 460a Springbank Drive; and,

That the London Housing Advisory Committee (LHAC) noted and filed

(1)

(3)

(d) (4, 6) a Notice dated November 18, 2009 and a Revised Notice dated November 30, 2009 from the General Manager of Planning and Development, with respect to an application submitted by 2135458 Ontario Inc. relating to the property located at 297 Adelaide Street South.

8. (LHAC) will be held on January 13, 2010.

That the next meeting of the London Housing Advisory Committee

The meeting adjourned at 202 p.m.

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Agenda item 0

@El 33210 Ronald Death, Julie Rowland, Michael Death, Jessica Seiffert,

Jeffrey Hilk, Jeremv Hopson, Jennifer Hopson. Justin St. Once, Jacky Chan, Vinod Dodhia, Chandrakala Dodhia, Paras Dodhia, Magdalene Leune, Nickv Wone, Dennis Svmes, Jeanne Svmes, Harold Tomlinson. Rebecca Tomlinson, Cvril Smith, Ernestine Smith, Lawrence Greco, Marian Greco and Shirlev Wone v. Neighbourhoods of Windfields Limited Partnershin and Corporation of the Citv of Oshawa (Ont.) (Civil) (By Leave)

Coram. LeBel. Deschamos and Cromwell JJ.

The application for an extension of time to serve and file the appli ation for leave

Commission is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C49460, 2009 ONCA 277, dated March 3 1, 2009, is dismissed with costs.

to appeal is granted. The motion for leave to intervene by the Ontario 1 Human Rights

La demande de prorogation de delai pour signifier et deposer la demande d’autorisation d’appel est accordie. La requ&e pour permission d’intervenir de la Commission ontarienne des droits de la personne est rejet6e. La demande d’autorisation d’appel de I’arr&t de la Cour d’appel de l’ontario, num6ro C49460, 2009 ONCA 277, dat6 du 3 1 mars 2009, est rejetee avec depens.

CASE SUMMARY

Municipal law - By-laws - Zoning - Land use - Residential - Landlords purchasing single family dwellings to rent rooms individually to students - Whether Planning Act, R.S.O. 1990, c. P.13, grants authority to municipalities, pursuant to the authority to regulate land use, to make distinctions based upon the relationship between the occupants of a single detached dwelling?

The Applicants are all landlords who purchased 30 single detached homes in a residential area close to two post-secondary school institutions, with a view to renting out the bedrooms to students on a room-by-room basis. Most of these houses had been altered internally, with or without building permits, to add more bedrooms to convert them into short-term rental accommodation for between five and nine persons per home. The occupants were predominantly students attending the nearby university and college. Other homeowners in the subdivision complained about the increased traffic, lack of adequate parking, increased garbage, poorly kept exteriors and yards and the noise generated by the occupants of these houses. The Applicants maintained that their properties were being used as single dwelling establishments for students, a permitted use, as opposed to lodging houses, which is not permitted, and denied that they were using their properties in breach of the City’s zoning by-law. They stated that the homes were being used co-operatively and communally by groups of students as single housekeeping establishments within the R1 zone land use provisions. The City of Oshawa and the Neighbourhoods of Windfields Limited Partnership applied for a

declaration that the Applicants were using their properties in a manner contrary to By-law 60-94’s R l zoning requirements which permits only one single detached home on each lot, and for an order that the Applicants cease using the properties in a manner contrary to the By-law.

August 26,2008 Ontario Superior Court of Justice (Howden J.)

Applicants ordered to cease using their properties as lodging houses

March 3 I , 2009 Court of Appeal for Ontario (MacPherson, Shave and Rouleau JJ.A) Neutral citation: 2009 ONCA 277 Docket: C49460

June 15,2009 Supreme Court of Canada

Application for leave to appeal and motion for extension of time tiledAugust 4, 2009 Supreme Court of Canada

Appeal dismissed

Motion for leave to intervene tiled by Ontario Human Rights Commission