A charity that is building a housing project for the deaf-and-blind community says it’s been unfairly hit with almost $200,000 in development charges — and it’s asking º£½ÇÉçÇø¹ÙÍøcity council for a refund.
The Canadian Helen Keller Centre filed an official complaint with the city last October over charges applied to its project at 150 Eighth St. in south Etobicoke.
In a letter, CHKC board chair Philip Corke said the building was intended to provide “supportive rental housing for those who need it most,” and that its success “hinged on minimizing external costs” such as development fees.
But according , the city looked poised to deny the organization’s request after concluding that education development charges it faced had been correctly imposed.
CHKC says its Eighth Street complex will help those suffering a combination of hearing and vision loss live independent lives. In addition to 56 units of accessible, affordable housing, it will include a 6,500-square-foot training centre, where deafblind people can learn essential skills, such as sign language, cooking and general computer use. It will also offer shared meals, gardening and other programs to enhance residents’ social lives.
The federal government is providing more than two-thirds of the project’s $44-million cost, while the province, city, CHKC and donations are expected to make up the rest. The building is scheduled to open this fall, according to .
The development was eligible for a city program that supports federal housing initiatives by waiving municipal fees for planning applications, building permits, parkland dedication and development charges.
But while the project received those exemptions, it was hit with more than $184,000 in education development charges from the º£½ÇÉçÇø¹ÙÍøCatholic District School Board. Those fees are separate from city development fees, and levied by the board under the provincial Education Act to pay for the acquisition of school sites and other growth-related costs caused by new housing.Â
In its complaint, CHKC argued that under the city’s housing program the project should be exempt from education development charges as well as municipal fees, and that in this case the charges were applied improperly.
Corke, the board chair, also suggested it would be wrong to apply education development charges to the project because its tenants would likely cause “little to no impact on TCDSB infrastructure or facilities within the area.”
But in the report that went to Chow’s executive Tuesday, city staff said they had reviewed CHKC’s complaint and determined there was no error in applying the education development charge bylaw.
The charity “was eligible to have their municipal development charges waived/exempted, but there is no corresponding exemption provided by the (TCDSB),” according to the report.
The school board supported that conclusion, and in a submission to the city this month recommended council dismiss CHKC’s complaint. The TCDSB’s lawyer wrote that while provincial law allows cities to exempt certain projects from development charges, there’s no such provision for school boards. She also asserted that the law doesn’t allow a city or school board to waive education development charges on a case-by-case basis.
“Even if CHKC had approached the TCDSB or its trustees seeking an individual exemption for the project at 150 Eighth Street, there would be no legal basis upon which this exemption could be granted,” she wrote.
In accordance with provincial legislation, the city has already collected the charges from CHKC and remitted the proceeds to the board. If the city were to grant the CHKC’s refund request, the TCDSB would be responsible for paying back the charges.Â
Local councillor Amber Morley says she is hopeful there could still be an amicable solution to the case. She introduced a motion at Chow’s committee to defer consideration of the complaint until next month, in order to give city staff time to consult with the TCDSB and CHKC and “explore exemption opportunities.”
In an interview, Morley (Ward 3, Etobicoke-Lakeshore) said it was her understanding that the CHKC was falling short on its donation targets and would have difficulty absorbing the charges. But she said the TCDSB also has its own financial needs.
“We’re very supportive overall of the project. We’ve done what we can from the city side, (but) this one’s a little bit stickier” because of the school board’s involvement, Morley said.
In a statement, a spokesperson for the TCDSB said it planned to review information provided by CHKC and meet with the group and the city over the coming month. Representatives for CHKC declined to comment.
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