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March 6, 1998

 To:East York Community Council

 From:Richard Tomaszewicz

Commissioner of Development Services

East York Office

 Subject:ZONING BY-LAW AMENDMENT APPLICATION

Otto Abbatangelo

221 O'Connor Drive

Ward 1 - East York Community

   Purpose:

 The purpose of this report is to provide the East York Community Council with a staff opinion and recommendations on an application to amend Zoning By-law No. 6752 to permit four dwelling units in an attached dwelling at 221 O'Connor Drive.

 The report is for the Community Council's consideration at the public meeting on April 1, 1998.

 Recommendations:

 It is recommended that City Council:

 (1)Refuse the application by Mr. Otto Abbatangelo to amend Zoning By-law No. 6752 to permit four dwelling units in a detached dwelling at 221 O'Connor Drive;

 (2)Pass an amendment to Zoning By-law No. 6752 to permit three dwelling units in a detached dwelling at 221 O'Connor Drive.

 Background:

 Site Description:

 The site is a 410 m2 (4,415 sq. ft.) property located at the southwest corner of O'Connor Drive and Elmsdale Road, one block west of Donlands Avenue. The site location is shown on the attached Location Map.

 The property was originally developed with a one-storey bungalow, with an attached garage with access from O'Connor Drive. The City's building permit records are incomplete, but rear additions to the bungalow appear to have been built in 1947 and 1957. In 1974, the Committee of Adjustment permitted the construction of a two-storey rear addition. As a result of these additions, the existing building is approximately 35.0 metres (114' 6") long, and is comprised of the original bungalow and attached garage; a three-car garage attached to the rear of the bungalow, with access from Elmsdale Road; and another garage with a second storey, attached to the rear of the three-car garage.

 The property appears to have been used for many years for a wholesale produce warehouse and a dwelling unit. In 1981, the Committee of Adjustment permitted the building to be converted to a medical office. The building is currently being used as a one-family dwelling. The garages and the second storey addition at the rear of the building are unused.

 The building has a floor area of approximately 403.53 m2 (4,343.62 sq. ft.), including five indoor parking spaces.

 Proposal:

 Mr. Abbatangelo acquired the property in April, 1997, and is proposing to convert the property to a four-unit dwelling. The following is a description of the proposed units:

 a)The original bungalow is a two-bedroom unit with a floor area of approximately 137 m2 (1,470 sq. ft.), plus a 17 m2 (180 sq. ft.) attached garage. This dwelling unit is shown as Existing Residential Unit No. 1 on the attached Ground Floor plan.

 b)The applicant is proposing to construct a second storey addition over the existing bungalow to create a new four-bedroom dwelling unit with a floor area of approximately 153 m2 (1,650 sq. ft.). This unit is identified as Proposed Residential Unit No. 2 on the attached 2nd Floor plan. Unit Nos. 1 and 2 would each have private access through a shared front hallway at the front of the house.

 c)The applicant is proposing to construct a second storey addition over the three-car garage at the rear of the bungalow, to create a new one-bedroom dwelling unit with a floor area of approximately 70 m2 (745 sq. ft.). This unit is identified as Proposed Residential Unit No. 3 on the attached 2nd Floor plan.

 d)The applicant is proposing to convert the existing second storey space over the rear garage into a two-bedroom dwelling unit with a floor area of approximately 90 m2 (975 sq. ft.). This unit is identified as Proposed Unit No. 4 on the attached plan. Units 3 and 4 would share an entrance from Elmsdale Road.

 The residents would have access to five parking spaces in the attached garages.

 Official Plan:

 The property is designated Low Density Residential in the Official Plan for the Borough of East York. The policies for this designation are in Section 3.3 of the Official Plan.

 The Low Density Residential policies permit the land to be zoned for ground-oriented housing forms, such as detached, semi-detached and row house dwellings. Other housing forms such as plexes may also be permitted.

 Section 3.3.8 states, "The zoning by-law shall establish the density and nature of development in Low Density Residential areas based on the prevailing and desired physical characteristics of the area."

Section 2.5 of the Official Plan contains general housing policies that encourage intesification of the existing housing stock. Section 2.5.22 permits apartments in detached and semi-detached dwellings and rowhouses in residential areas provided they maintain a minimum of one parking space per residential unit. The applicant is proposing to provide five parking spaces. The proposal complies with Section 2.5.22.

 Zoning By-law:

 The property is zoned R1C in Zoning By-law No. 6752. The zoning by-law permits one-family detached and semi-detached dwellings, and institutional uses, but not a four-family dwelling. An amendment to the by-law is necessary for the building to be converted to four units.

 Comments:

 Circulation:

 The application was circulated to the usual commenting departments and agencies. The following replies were received.

 a)The Building and By-law Enforcement Division indicated that the apartment accesses may have to be redesigned to comply with the Ontario Building Code.

 b)The East York Board of Education provided the following comments:

 "The East York Board of Education continues to be concerned about the impact of residential development on school facilities.

 "Although this zoning application represents a small infill project, the accumulated effect continues to add to the over crowding of public school facilities within the Borough. It is the Board's position that this is an important factor for consideration in all redevelopment applications."

 The School Board has expressed this concern on other applications. In the past, the Board indicated it will not support new residential development until assistance is obtained to accommodate the increased enrolment generated by such projects. The Board can generate property tax revenue to pay for school improvements, however, they have not taken measures to introduce any development charges.

 c)The Parks, Recreation and Operations Department indicated that they will continue to provide municipal waste and materials collection for this site at a frequency and location determined by the Commissioner of Parks, Recreation and Operations.

 d)The East York Hydro-Electric Commission, the Fire Department, the Transportation and Engineering Services Division, Rogers Cable, and the East York Health Unit all replied with no concerns about the proposal. No other comments were received.

 e)The application was circulated to the Ward 3 Residents Association. No comments were received.

Notice of the Public Meeting:

 Notice of the Public Meeting was circulated to every owner of land within approximately 400 feet of the site.

 Planning Comments:

 The building is an anomoly in the neighbourhood because of its unusually large mass and length. It has apparently outlived its role as a commercial building, and the applicant is attempting to utilize it for residential uses that are generally more compatible with the uses permitted by the zoning by-law.

 Staff concur with the applicant that the building is suitable for additional residential units, however, staff cannot support four units on the property because the proposal for four units requires an addition to the dwelling that would be incompatible with the surrounding area. The housing policies in Section 2.5 of the Official Plan encourage improvements to the housing stock by intensification of use, provided the intensification does not adversely affect the physical character of stable low density residential areas. The existing building maintains the appearance of a bungalow from O'Connor Drive. This is the only element of the existing building that maintains the physical character of the neighbourhood. The proposed second storey addition over the original bungalow would maintain the existing height, but would increase the bulk of the building, which would be detrimental to the prevailing physical character of the neighbourhood.

 Staff can support three units, provided there is no addition over the original bungalow. In the opinion of staff, the proposed Residential Unit Nos. 3 and 4 can be constructed without creating a substantial impact on the neighbourhood. The addition proposed over the existing garages would have some visual impact on the neighbours to the west, but it would not adversely affect the physical character of the area. Furthermore, it would allow the owner to put this underutilized building to better use, by providing intrinsically affordable housing through intensification of the existing housing stock.

 City Wide Issues:

 None.

 Conclusions:

 Staff are not satisfied that the site can accommodate four dwelling units without adversely affecting the physical character of the area. Staff therefore recommend that the application be refused. Staff are also recommending that Council pass a zoning by-law amendment to permit three dwelling units on the property because, in the opinion of staff, the building can be converted to three units without adversely affecting the neighbourhood.

 Contact Name:

 Paul Galvin, Planner

Phone: (416) 778-2043

Fax: (416) 466-9877

planning@borough.eastyork.on.ca

 Respectfully submitted,

     Richard Tomaszewicz

Commissioner of Development Services

East York Office

 

   
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