March 5, 1998
To:East York Community Council
From:Richard Z. Tomaszewicz
Commissioner of Development Services
East York Office
Subject:APPLICATION TO AMEND ZONING BY-LAW 6752
Ernesto and Leonora Palma and Celia Lim
458 Dawes Road
East York By-law No. 6752
Ward 1 - East York Community
Purpose:
This is an report to the April 1, 1998 meeting of the East York Community Council. Its purpose is to provide Council with
Staff recommendations on the application to rezone the premises at 458 Dawes Road from its current Industrial SI zoning
to Commercial C - Site Specific zoning. The site is to be used for a specialty food store.
Recommendations:
It is recommended that City Council:
1.Approve the application by Ernesto and Leonora Palma and Celia Lim, to amend Zoning By-law 6752, by rezoning the
lands at 458 Dawes Road from Industrial SI to Commercial CA - Site Specific zoning; and,
2. Enact a zoning by-law amendment in the form attached.
Background:
Introduction:
Mr. and Mrs. Palma and Ms. Lim currently operate their specialty food store out of 460 Dawes Road which adjoins 458
Dawes Road on the north. Their lease with the owner of that property expires at the end of August 1998 and it is uncertain
if it can be renewed. Consequently, when the premises at 458 Dawes Road came on the market, they chose to buy it with
the intent of relocating their business to that new location.
The building at 458 Dawes Road, had previously been used for commercial purposes. This use, however, was discontinued
for more than 6 months, resulting in a loss of its 'legal non- conforming status. That status would have made it possible to
continue the proposed commercial use, provided the Committee of Adjustment had sanctioned its extension. The loss
of that status now makes it necessary to rezone the site for its intended commercial function.
Proposal:
The applicants propose to convert a fifty eight (58) square metre (625 square feet) portion of an existing one hundred and
five (105) square metre (1,132 square feet) building to a specialty retail store. The remaining forty seven (47) square metres
(506 square feet) of the building`s floor space will be used for product storage.
Official Plan:
The Official Plan designates the premises "Main Street Commercial Residential". This designation permits the proposed
street front commercial uses.
Zoning By-law:
Zoning By-law 6752 zones the land "Industrial SI". This zoning restricts its use to largely manufacturing and accessory
uses. Freestanding retail stores are not a permitted use.
The same By-law also details various applicable development requirements, including the minimum required number of
parking and loading spaces. In the case of this site, these are set out in Section 8.5.2 General Exceptions. It allows parking
and loading facilities to be comprised of an area equal to seven and a half (7.5) metres times the mean width of the rear
seven and one half (7.5) metres of the lot.
Comments:
Agency Circulation:
The application was circulated to all the required departments/agencies. Comments received via this circulation are, where
appropriate, incorporated in Planning Staff`s evaluation of the application.
Public Input:
Notice of the Public Meeting was circulated to ratepayers within two hundred (200) metres (600 feet) of the subject site.
Any comments received as a result of this circulation will be made available at the public meeting.
Discussion:
Proposed Uses:
As previously indicated, the proposed store is not new to this general location. It already operates out of 460 Dawes Road
which adjoins it directly to the north. Other similar uses, ranging from a take-out restaurant to service stores, occupy the
remaining buildings located along this stretch of Dawes Road.
Parking/Loading:
The applicant`s drawings show a combined parking and loading area at the rear of their property capable of
accommodating 1 car. It is accessed via a narrow laneway to the rear of the commercial strip at this location. Although
neither the parking area or the access lane leading to that area meet conventional standards for such facilities, they do meet
the minimum requirements set out in East York`s Zoning By-law.
The City`s engineer advises that he has no objections to the parking provisions proposed to service the store. His
comments note that the store`s clientele consist mainly of area residents who typically walk, and that overall he expects the
lack of readily accessible parking to have little impact on this area`s parking operations.
Delivery of products currently takes place from the street. This is the established method of servicing all the commercial
establishment along this strip. Staff are not aware of any problems caused by this servicing arrangement.
Property Upkeep and Appearance:
Planning staff have discussed the upkeep and appearance of these premises with the applicant`s representative. He
indicates that the owners are prepared to make some general improvements to the building's facade and that they also plan
to make substantial improvements to the interior of the building. Staff have not required that the applicants apply for Site
Plan approval because the proposed rezoning does not represent a significant enough change to the usability of the
premises. However, we anticipate that the age and condition of all the structures along this strip of Dawes Road will
necessitate their eventual redevelopment. At that time we will be able to comprehensively and effectively review the issues
surrounding the area`s appearance.
Conclusion:
This rezoning request confirms a previously established use of these premises. The use is compatible with the remainder of
the uses established in the adjoining buildings along this strip of Dawes Road and should be approved.
Staff recommend that Council approve this application, and that the attached Zoning By-law amendment, be enacted.
Contact Name:
Jean Besz,
Senior Planner East York Community Office
(416) 778-2045
(416) 466-9877
planning@borough.eastyork.on.ca
Richard Z. Tomaszewicz
Commissioner of Development Services
East York Office
JB/jb
APPENDIX 1
Site and Building Statistics:
Site Area156.4 m2 (1,683.5 square feet)
Lot Frontage 6.4 m (21 feet)
Front Yard 0
Rear Yard 5 m (17 ft)
Building`s Gross Floor Area105 m2 (1,132 square feet)
-Proportion of the
Building to be
Devoted to Retail 58 m2 (625 square feet)
-Proportion of the
Building to be
Devoted to Storage47 m2 (505.9 square feet)
No. of Combined Parking
and Loading Spaces1 space
