May 13, 1998

 To:North York Community Council

 From:Bryan Tuckey

Acting Commissioner of Planning

 Subject:FINAL REPORT ZONING AMENDMENT APPLICATION

Rita Malcolm

27 Marshlynn Avenue

Ward 6 - North York Humber

UDZ-97-42

Purpose:

The purpose of this report is to recommend a zoning by-law amendment at 27 Marshlynn Avenue, to permit a commercial use (beauty salon) within a portion of the existing dwelling as a home business (refer to schedule AC@). There is no new construction associated with this proposal.

Recommendations:

It is recommended that the application be approved subject to the following:

(1)The site be rezoned to R4 (51) subject to the following exceptions:

PERMITTED USES

(a)In addition to the uses permitted in the R4 Zone, a personal service shop shall be permitted.

 EXCEPTION REGULATIONS

(b)The maximum gross floor area of the personal service shop shall be 40m5.

(c)No external signage shall be permitted.

(2)Prior to enactment of the by-law for the zoning amendment, the applicant shall demonstrate that the existing building at 27 Marshlynn Avenue complies with the requirements of the Building and Fire Codes for the beauty salon.

Background:

The subject property is located on the south side of Marshlynn Avenue, between Jane Street and Black Creek Drive. A mix of single and semi-detached dwellings, institutional uses and open spaces are located within the vicinity of the site (schedule AB@).

Proposal:

The applicant proposes to legalize the existing 40m5 home business within the basement portion of the one and one half storey single family dwelling and expand the business an additional 70m5 on the ground floor. The home business would have a total gross floor area of 110m5. The application was submitted as a result of the By-law Enforcement Department issuing a Notice of Violation dated August 27, 1997, for having a commercial operation on the subject property which is not permitted under the current zoning.

 A community consultation meeting was held on March 12, 1998. The majority of people attending supported the application. The issues raised included limiting the size of the beauty salon, prohibiting external signage, providing adequate on site parking, tax assessment, environmental considerations, and ensuring the residential character of the dwelling was maintained. The impact on commercial properties by allowing commercial uses of this size to relocate in residential dwellings was an issue, especially given the high vacancy rates in existing commercial buildings. The issues raised by the community are addressed in the discussion portion of this report. A summary of the comments made at the meeting and letters in support and opposition for this proposal are attached as schedule AD@.

Official Plan:

 The lands are designated Residential Density One (RD1) which permits primarily single and semi detached dwellings. The official plan also permits minor commercial uses provided they are ancillary to the residential use or serve the local residential population. No official plan amendment is required for this project (schedule AA@).

 Zoning By-law:

 The property is zoned One Family Detached Dwelling Fourth Density Zone (R4). A zoning by-law amendment is required to permit the proposed commercial use (schedule AB@).

Comments:

The Transportation Department (North York Office) advise that 5 parking spaces are required for this site with a 110m5 beauty salon, 2 spaces for the residential use and 3 spaces for the commercial use (refer to schedule AE@).

 Discussion:

 Council is guided by principles that aim to enhance the residential neighbourhoods and encourage other uses that are compatible with residential uses to ensure neighbourhoods continue as pleasant and safe living environments. The official plan establishes the principle that minor commercial uses can enhance residential areas provided there are appropriate performance standards to ensure the use remains compatible with adjacent properties. Compatibility of a home business with adjacent properties can be achieved where:

 -the residential character of the dwelling is maintained;

-residential remains the predominant use within the dwelling unit;

-the use is conducted by a member who resides in the dwelling;

-the use is not likely to create or become a public nuisance, particularly with regard to noise and odours;

-adequate on-site parking can be provided without detracting from the residential character; and,

-all operations occur entirely within the existing residential unit.

 Scale of the Home Business and the Residential Community:

 The proposed home business will maintain the physical characteristics of the dwelling because no new construction is proposed and the owner of the business will continue to reside in the main portion of the dwelling.

 The proposed commercial use has a gross floor area of 110m5 which represents 40% of the floor area of the existing dwelling. In similar applications throughout the City, commercial uses have generally been limited to 25% of the dwelling, up to a maximum of 28m5, based on the general home occupation guidelines established as part of our earlier housing policy efforts. The proposal at 110m5 does not meet the intent of ensuring residential remains the predominant use in the dwelling. However, a home business in excess of 28m5 would be acceptable in this instance given the size and scale of the existing dwelling (279m5). It is recommended the home business be limited to 15% of the dwelling which represents the existing 40m5 beauty salon to ensure a reasonable scale and that residential remains the predominate use.

 Residents at the community meeting did not support expansion of the beauty salon to 110m5 because they felt it would adversely impact on adjacent properties. Some residents believed there would be a negative impact on commercial properties because business owners would make similar applications and leave their commercial area locations. Impacts on adjacent properties are minimized given the recommended reduced size of the beauty salon.

 By limiting the beauty salon to 40m5 the number of required parking spaces is reduced to 3 which can easily be accommodated in the existing driveway. External signage is not recommended to ensure the home business is not substantially apparent to persons outside the residence and to preserve the residential nature of the dwelling.

 Environment:

 Environmental impacts such as, noise, fumes, dust, wind or vibration are not anticipated given the nature of the proposed beauty salon. In order to ensure the dwelling remains compatible with surrounding residential land uses, the range of commercial uses should be limited to a personal service shop only. A beauty salon is defined as a personal service shop in the zoning by-law. Restricting the commercial activity in the dwelling to a personal service shop addresses the issues raised at the meeting by residents regarding adverse impacts associated with allowing various commercial activities.

 Conclusions:

 Site plan approval is not required as there is no new construction proposed. Staff recommend approval of this application subject to the conditions contained in the report.

Contact Name:

 Anthony Rossi, Planner

Phone: 395-7114Fax: 395-7155

Bryan Tuckey

Acting Commissioner of Planning

(Copies of Schedules  A. Official Plan designations, B. Zoning By-law categories, C. Site Plan, D. Community Consultation Notes, E. North York Transportation comments, F. North York By-law Enforcement and G. North York Fire Department comments, are on file in the Office of the City Clerk.)